DPA/Inf(2009)0
DPA/Inf(2009)19
14 May 2009
With the compliments of the Director General of Democracy of Political Affairs
Avec les compliments du Directeur Général de la Démocratie et des Affaires Politiques
INFORMATION NOTE
FOR THE ATTENTION OF THE MINISTERS’ DEPUTIES
__________
NOTE D'INFORMATION
A L'ATTENTION DES DELEGUES DES MINISTRES
RE: Report from the Council of Europe Field Offices and other Structures* /
April 2009
Rapport des Bureaux et autres structures du Conseil de l’Europe sur le terrain* / avril 2009
Please find attached the Report from the Council of Europe Field Offices and other Structures for April 2009.
_________________________
Veuillez trouver ci-joint le rapport des Bureaux et autres structures du Conseil de l’Europe sur le terrain pour avril 2009.
Ce document n’existe qu’en anglais
* For a more complete list of activities, see the Council of Europe activities database (CEAD) – / Pour une liste plus complète des activités, voir la base de données des activités du Conseil de l’Europe (CEAD) –
Yerevan
1. Political and legislative developments
Continued negotiations between the Armenian and Turkish Foreign Ministries mediated by Switzerland resulted on 22 April in a statement announcing that a roadmap for normalising Turkish-Armenian relations had been established. No further details on the content of such a roadmap have been disclosed until now. Domestically, the statement resulted in changes in the governing coalition: The conservative Dashnaktsutiun Party announced its decision to pull out of the governing coalition citing insurmountable differences in their approaches to Turkish-Armenian relations, and renounced all its posts held in the government. However, Dashnaktsutiun agreed to retain the chairmanship of the Standing Committee on Foreign Relations and the Standing Committee on Defence, National Security and Internal Affairs of the National Assembly, relinquishing only the post of the Deputy Speaker of the Assembly. The party further declared that, despite the fact that they are now in opposition, it would not co-operate with Levon Ter-Petrosyan’s Armenian National Congress (ANC) Alliance because of existing “ideological differences”.
On 10 April, President Sargsyan held a major press conference, on the occasion of the first anniversary of his Presidency. He explained the March 2008 events as arising from a lack of professionalism of the law enforcement agencies and a lack of financial resources. With regard to persons deprived of their liberty in connection with these events, President Sargsyan said that judicial proceedings should be completed first, without excluding the possibility of declaring an amnesty.
Meanwhile, the pro-opposition Haikakan Zhamanak Daily published a confidential document which had been drafted by the Fact-Finding Group looking into the events of March 2008 and sent to the Ad hoc Parliamentary Committee on the March events. The document allegedly claims significant shortcomings in the preliminary investigation of circumstances that led to the death of Hamlet Tadevosyan, the riot police officer who died from a grenade explosion during the March events, and concludes that a new forensic and ballistic expertise involving international experts should be envisaged. In reaction to this, the Special Investigation Service then sent a letter to S.Nikoyan, Head of the Parliamentary Ad Hoc Committee, claiming that the Fact-Finding Group had distorted and misrepresented the gathered facts.
On 21 April, two more prisoners, David Aghayan and Nver Stepanyan, were granted pardon, based on their petitions to the President.
At the 9 April court session, Alexander Arzoumanian and Suren Sirunyan, charged under Article 225 (1) of the Criminal Code (organisation of mass disorders) pleaded not guilty to the charges. Messrs. Arzoumanian and Sirunyan are still being tried together, after the 1 April court decision to split up the previously single case of 7 opposition activists into 6 different cases. Other trials of the remainder of the seven proceeded in Kentron, in the Nork Marash Community Court and the Court of the Kotaik region.
On 9 April, Sargis Hatspanyan, a French citizen and opposition supporter residing in Armenia was convicted to 3½ years in prison under Article 333 of the Criminal Code (false crime reporting). Mr Hatspanyan was arrested and tried after having announced in a newspaper interview that he had information about the planned assassination of President Sargsyan.
On 15 April, the National Security Service made known its decision to stop criminal proceedings against Aram Karapetyan, leader of the opposition New Times Party, arrested on 24 February 2008 (but subsequently released) for false crime reporting.
On 28 April, the National Assembly adopted, in second and final reading, amendments to the Law on TV. The amendments were assessed by CoE expert as being in line with European standards. Despite this a group of media NGOs issued a critical statement on the proposed amendments, mainly stating that the amended law still lacked guarantees for the independence of the Public TV and Radio Council and the National Commission on Television and Radio.
Two incidents of violence against journalists were registered during the reporting period. On 8 April, media reported that during a protest action of opposition supporters on Northern Avenue police officers attacked the A1+ journalist David Jalalian whilst he was on professional business, and on 30 April, the co-ordinator of the Armenia Today website, lawyer Argishti Kiviryan, suffered a severe beating and was shot at in front of his house.
2. Council of Europe action
A final mission to discuss the latest expertise on amendments to the Law on TV and Radio took place on 9 April. Discussions were held with Parliament, Ministry of the Economy and NGOs.
A fact-finding mission for the joint CoE/EC project on “Fighting torture, ill-treatment and impunity” took place on 13-17 April.
A CEPEJ mission took place from 15-17 April, with a view to an in-depth assessment of the current state of the Armenian judiciary, which should point to the direction of current reform needs and assistance measures.
3. Other Action - Co-operation and Co-ordination with Partner Organisations
A SRSG briefing for European Parliamentarians was held on 7 April, ahead of the EP’s yearly Parliamentary Co-operation Committee.
An in-depth discussion on Armenian assistance needs took place on 9 April with a visiting EC assistance mission ahead of the EC’s mid-term review of its bilateral assistance papers.
4. Activities of the Information Office
Preparation and translation of 5 press releases for the website and dissemination. Translation and summarising of articles from the print press for the daily news digest on the website under . Voiceover of the film devoted to ECHR 50th anniversary.
Organisation/Participation/Co-operation
The IOCE assisted Open University students to organise a seminar on the 60th Anniversary of the Council of Europe on 20 April.
The IOCE assisted the United Methodist Committee on Relief (UMCOR) regional training programme by providing relevant CoE documents in the areas of trafficking of human beings and violence against women and children.
Provision of a short summary of the campaign “Building Europe for and with Children” implemented by the IOCE to the headquarters for a special website for the campaign.
The Council of Europe Campaigns on Domestic Violence; Roma; Death Penalty; Anti Discrimination; Safety on the Internet; Sexual Exploitation and Abuse; Corporal Punishment and CoE podcasts were promoted through Armedia information agency on their website: armedia.am
On April 18, the IOCE Director was the guest of the A View on the World TV programme on Yerevan TV Channel. The show was devoted to the relations between the media and the Council of Europe. The opportunity was used to highlight the IOCE media resources as well as the CoE campaigns.
Statistics of the office:
a) general information/library - 10 visitors, 135 phone inquiries
b) ECtHR information - 2 persons
c) Website: coe.am
- Total Hits: 57916/ Average Hits per Day: 1930/ Average Visitor per Day: 62
- Total Page Views: 17983/ Average Page Views per Day: 599
- Total Visitors: 1854/ Total Unique IPs: 513
- Total Bandwidth: 1156638KB/ Average Bandwidth/Visitor: 624 KB
Ms Silvia ZEHE
Special Representative of the SG
Tel: +374 10 54 63 22 - Fax: +374 10 54 63 19
E-mail: silvia.zehe@coe.int
Baku
1. Political and legislative developments
At the centre of attention were the developments between Turkey and Armenia and its interrelated possible consequences for Azerbaijan. To the surprise of many, President Aliyev announced at the last minute that he would not attend the second meeting of the UN Alliance of Civilisations forum held in Istanbul on 6-7 April. This decision was widely interpreted as being a form of protest against the possible opening of the borders between Armenia and Turkey without the resolution of the conflict over Nagorno-Karabakh. Subsequent statements by President Aliyev stressed that the establishment of relations between two countries is their sovereign right and that Azerbaijan would not interfere with this. The media and many other sectors of public life stressed that the Nagorno-Karabakh conflict resolution were to be included in the rapprochement between Turkey and Armenia.
The developments in the wider region also spurred a higher level of activity of the Co-Chairs of the OSCE Minsk Group for the mediation on the Nagorno-Karabakh conflict, who paid another joint visit to the region, in addition to separate visits by some of the Co-Chairs.
President Aliyev paid an official visit to Moscow on 16-17 April where he met Russian President Medvedev and discussed, inter alia, the Nagorno-Karabakh conflict and energy issues. The same topics, in addition to EU-Azerbaijan relations, were raised in President Aliyev’s visit to Brussels on 28-29 April where he held meetings with top EU officials, including EC President José Manuel Barroso and CFSP High Representative Javier Solana.
The PACE Co-Rapporteurs for Azerbaijan, Mr Herkel and Ms Jivkova, paid a fact-finding visit to the country on 8-10 April, including a first visit to the Nakhchivan Autonomous Republic (NAR), where the visitors were received inter alia by Mr Vasif Talibov, Chairman of the NAR Supreme Council (Ali Mejlis). The Co-Rapporteurs also visited Mr Novruzali Mammadov, a 68-year old linguist-scientist and member of the Talysh minority, sentenced to 10 years of imprisonment for treason in closed hearings. The statement released at the end of the visit underlined the importance of prior consultation with the CoE, in order to allow for legislation to be brought in line with European standards. It also encouraged the authorities to release imprisoned journalists.
In the morning of 30 April, a shooting incident at the renowned Azerbaijan Oil Academy in Baku’s centre took place which left at least 13 persons dead and several more wounded. According to the authorities, a 29-year old Georgian citizen of Azerbaijani ethnicity, who also lost his life, was the perpetrator. The authorities ruled out the possibility of a terrorist motive behind the act and spoke of a criminal act of violence.
The satirist/poet Sakit Zahidov (better known as Mirza Sakit) was released on 9 April in line with the Amnesty Act adopted by Parliament on 17 March. Ali Hasanov, editor-in-chief of Ideal newspaper, who was serving a six-month prison sentence for defamation and who equally benefited from the Amnesty Act, was released on 11 April. Furthermore, Asif Merzili, editor-in-chief of Tezadlar newspaper, who on 7 April was ordered to serve a one-year prison term for defamation, saw his sentence cancelled by the Appellate Court on 9 April. The same appeal decision also removed a six-month sentence to forced labour of Zumrud Mammadova, a journalist with Tezadlar newspaper. Another case concerned Ershad Ibrahimov, journalist with Azadlig newspaper in Ganja region, who was sentenced to 10 days of imprisonment on 17 April but released on 22 April following the appeal hearing annulling the previous judgment.
On 24 April, Nazim Guliyev, founder of Ideal newspaper, was arrested apparently on extortion and bribe-taking charges. At the same time, however, there was a search warrant for him from November 2008, when he was sentenced to pre-trial detention in relation to court hearings on slander and insult charges initiated by the chairperson of the “Azeri-Turk” Women’s Union.
During the night of 26-27 April, three ANS TV employees were investigating the destruction of a mosque in Baku when they were allegedly roughed up by approximately 30 police officers. Equipment belonging to ANS TV was broken but returned, as was the video cassette though without the recording. ANS TV also received compensation for the material damage.
The OSCE Representative on Freedom of Media issued a statement on 21 April, containing parts of his letter to President Aliyev, welcoming the release of imprisoned journalists while at the same time, urging for legal reforms in Azerbaijan. Specifically, he proposed that the country undertake a renewed effort to decriminalise defamation. He further expressed concern over recently passed changes to legislation on the mass media and on TV and radio broadcasting.
Court cases of particular interest included the hearings before the Appellate Court concerning Novruzali Mammadov (see above) and mistreatment that he was allegedly subjected to by the penitentiary service. The closed hearings on 15 and 16 April finished by upholding the first instance decision and rejected the mistreatment charges. On 30 April, the hearings concluded on a defamation case introduced by a judge from Sheki against Intigam Aliyev, Chairperson of the Legal Education Society, and Nurlana Aliyeva, another lawyer from the same organisation. The suit was based on a manual which cited disciplinary proceedings by the Judicial Legal Council against this judge, though they were subsequently rescinded. The first instance decision partially supported the judge’s lawsuit in that it ordered 1,000 AZN to be paid to the judge as non-pecuniary damage, and further that a refutation is to be published through the manual and their website.
2. Council of Europe action
On 2-5 April, a regular session of the Baku School of Political Studies was held.
On 2-3 April, DG-HL experts conducted a seminar on provision of psychiatric and psychological care to prisoners under the penitentiary reform project.
On 6 April, the SRSG gave a presentation at the Azerbaijan Diplomatic Academy (ADA) of the Ministry of Foreign Affairs (MFA) on the Council of Europe and Azerbaijan, which was followed up a few days later by presentations given by MPs Samad Seiydov and Gultekin Hajibeyli, both members of the Azerbaijani delegation to PACE.
On 6-7 April, DG-HL experts held a training seminar on providing education on contagious diseases under the penitentiary reform project.
On 20-21 April, a Train-the-Trainers session on the European Prison Rules and human rights standards was held within the framework of the penitentiary reform project.
On 22 April, a training session was organised in the cascade seminars for prosecutors on the case-law of the European Court of Human Rights.
On 25 April, the Baku School of Political Studies held a round table on the question of the border opening between Turkey and Armenia.
During the reporting month, the Information Office published the CoE booklet “Travel in the universe of Greater Europe” as well as the CoE booklet “The Council of Europe in the international arena” in Azerbaijani language.
3. Other action/co-ordination and co-operation with partner organisations
On 2 April, the SRSG met with representatives from the Association of the Local Democracy Agencies (ALDA) visiting Azerbaijan for a pilot training on active citizenship.
The same day, the SRSG participated in the round table organised by the EC Delegation on the ENPI national indicative programme 2011-2013.
On 6 April, the SRSG attended the Human Dimension Meeting of the international community hosted by the UK Embassy.
The same day, the SRSG met with the EU Special Representative for the South Caucasus during his visit to Baku.
On 13 April, the SRSG chaired the regular meeting of the International Legal Reform Group (ILRG) with participation of ABA RoLI, OHCHR, GTZ and the US Embassy.
On 15 and 16 April, the SRSG attempted to attend the court hearings at the Baku Appellate Court related to alleged mistreatment by Novruzali Mammadov, member of the Talysh minority, while in prison, but was not allowed as the court hearings were declared closed to the public.
On 21 April, the SRSG gave an opening speech at the Conference on the role of young women in intercultural dialogue, organised by the National Association of Youth Organisations in the Republic of Azerbaijan (NAYORA) in co-operation with the Ministry of Youth and Sport as well as the European Youth Foundation/DG-IV.
On 30 April, the SRSG attended the presentation ceremony of the documentary film “Life Betrayed” produced by a number of actors including the State Committee for Family, Women and Children Problems, UNHCR, and others engaged in the fight against human trafficking and sexual- and gender-based violence.
Statistics: The office translated 10 press releases and sent daily media monitoring to headquarters. It also provided CoE promotional material and publications to a local women’s NGO and to the Student Centres of two local universities. The office answered 139 requests by phone, including 34 from journalists and on general information on the CoE, as well as 30 requests on the ECtHR and application procedures. It further welcomed 44 visitors, including 4 journalists and 6 NGO representatives to establish relations with the office and 19 university students to visit the CoE library, as well as 15 persons wishing to obtain an ECtHR application form. The website registered 853 hits (550 users).
Ms Veronika KOTEK
Special Representative of the SG
Tel: +994 124 975 489 - Fax: +994 124 975 475
E-mail: veronika.kotek@coe.int
Sarajevo
1. Political and legislative developments
Constitutional reform
At its session on 23 April, the RS National Assembly discussed the “Information” adopted by the RS Government on 68 allegedly illegal transfers of competency from the Entities to the State. In this respect, RS PM Dodik criticised the OHR and claimed that OHR decisions, acts, and removals had no basis in the Dayton Peace Agreement or under international law.
There has been no meeting of the Prud Troika in the reporting period as the 3 political leaders deemed it pointless to continue their discussions pending the outcome of the SDA party congress scheduled for 26 May.
Meanwhile, on 8 and 15 April, representatives of both houses of the BiH Parliament met to discuss the modalities of setting up a special joint parliamentary committee to discuss constitutional reform. In relation to constitutional reform, the RS PM called on RS parties to boycott any constitutional reform process in which foreigners would play a mediating role. On 15 April, the SDS main Board instructed its MPs in the BiH Parliament to oppose any talks on territorial reorganisation of the State in the upcoming talks on constitutional reform.
Adoption of the draft law on discrimination
On 2 April, the BiH Council of Ministers adopted the BiH Law Prohibiting Discrimination. The law meets contemporary EU and international standards and includes changes developed in consultation with the OHE/EUSR, OSCE and CoE. The law has now to pass the Parliamentary Assembly.
Bosnia and Herzegovina ratifies 2 CoE conventions
On 30 April, BiH ratified the European Agreement on the Transmission of Applications for Legal Aid (CETS No. 092) and the Council of Europe Framework Convention on the Value of Cultural Heritage for Society. (CETS No. 199)
State Property issue remains an obstacle to OHR closure
On 7 April, the State Property Commission met in Sarajevo and discussed a draft report to the Council of Ministers on the Commission’s work since its establishment in July 2007. The draft report requests that the Council of Ministers adopts a Conclusion tasking the Commission to continue preparing the Draft Law on State Property. On 9 April, the CoM adopted a decision to establish the Working Group for State Property Inventory. 13 members were appointed on 29 April. The Working Group will hold its first meeting during the first week of May, while the inventory must be completed by 30 September.
Economic crisis
On 29 April, the media reported that according to the IMF, all of Bosnia should reduce its budgets by EUR 348 million. Most cuts are expected from the Federation, EUR 250 million. Implementation of these requirements could bring additional external financing of at least EUR 800 million over the next two years from the IMF’s Stand-by arrangement, but could destabilise the political situation in the Federation. The formal decision on initiating a stand-by arrangement with BiH is expected at the earliest, end of June or beginning of July.
Local self government in Republika Srpska
On 7 April, the RS National Assembly adopted the proposed Law on Territorial Organisation of the RS (the CoE had provided an expert opinion on the draft law), which, among other changes, complies with a 2004 decision of the Constitutional Court ordering the deletion of the prefix “Srpski” from the names of a number of RS municipalities. However, the law also provides for the removal of the prefix “Bosnian” from the names of the municipalities of Bosanski Brod and Bosanska Kostajnica. On 21 April, Bosniaks in the RS Council of Peoples invoked Vital National Interest, thus blocking the entry into force of the law. The question will now be referred to a special panel of the RS Constitutional Court.
Mostar still without a mayor, 6 months after local elections
On 3 and 14 April, another two unsuccessful attempts to solve the ongoing problem of electing the city’s Mayor were made. Croat delegates in the City Council have indicated that they might challenge the Statute of the city (imposed by High Representative Paddy Ashdown) before the BiH Constitutional Court.
Fight against corruption
On 23 April, the Sarajevo Canton prosecutor filed abuse of office charges against current Federation PM Nedzad Brankovic (SDA) and prominent SDA member Edhem Bicakcic. The case against Brankovic and Bicakcic is based on an alleged scam through which Bicakcic is alleged to have bought an apartment for Brankovic. The President of the SDA, Mr Tihic, has called for Brankovic’s resignation and the SDP (opposition) announced it will initiate at the beginning of May, a vote of no confidence in the government. Also on 23 April, it was announced that the BiH Prosecution Office had indicted former Federation BiH (FBiH) Prime Minister Edhem Bičakčić and former Deputy Prime Minister Dragan Čović, with abuse of office and authorisations by allocating 3.5 million KM from the FBiH budget to be spent on reconstruction and equipping of housing facilities for several persons.
On 24 April, HR/EUSR, OSCE Head of Mission and the CoE Special Representative sent a joint letter to RS PM Dodik, expressing concern over the fact that, although the RS authorities have established a commission to enforce the Law on Prevention of Conflict of Interest in Governmental Institutions of Republika Srpska, the commission has not begun operations, 6 months after the local elections and 9 months after the adoption of the relevant law. The letter calls on the RS authorities to provide the commission with all necessary resources to become operational as soon as possible.
At its session on 16 April, the CoM decided to set up a working group to prepare the Proposed BiH Strategy in the Fight Against Organised Crime and Corruption.
2. Council of Europe action
CoE office activities
From 31 March to 4 April, a DG-DPA Secretariat mission led by the Director General Jean-Louis Laurens carried out a fact-finding mission to monitor BiH’s post-accession compliance with its commitments and obligations.
SPEAKING DAYS BETWEEN BIH AND “THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”
In the framework of the “Social Security Co-ordination and Social Security Reforms” (SSCSSR) Joint EU/CoE Programme, the second Speaking Days between BiH and "the former Yugoslav Republic of Macedonia" took place in Sarajevo on 7-8 April. The meeting served to identify possible shortcomings and to decide whether, under the SSCSSR Programme, further activities could be organised to assist the Beneficiary parties in solving existing barriers in the co-ordination of social security rights between the two countries.
Rule of Law - Efficient Prison Management
The first in a series of Working Group meetings on the development of targeted programmes for treatment of vulnerable prisoners and specific security measures aimed at high-risk prisoners was held on 28 and 29 April in Istocno Sarajevo.
On 2 April, the sixth Donor Co-ordination meeting under the umbrella of the Justice Sector Reform Strategy was organised with the purpose to inform donors, among other things, about the progress achieved with the establishment of the joint JSRS fund, and the implementation of the Action Plan for the Report on Monitoring and Evaluation of Aid Effectiveness in the BiH justice sector.
The second meeting of the Functional Working Group for strategic Pillar 2 on execution of criminal sanctions, established under the JSRS, was held on 15 April, to consider the current status of implementation of activities deriving from the Action plan for implementation of the JSRS. Following a suggestion from the Swedish authorities (SIDA) in response to the assessment of the current situation in the BiH prison system and a general needs analysis prepared by the CoE, a series of informal meetings with State and Entity Ministries of Justice was held on 8 and 9 April in Sarajevo, aiming to ensure their support to the proposed activities, with CoE suggesting continued training of prison staff, staffing policy, and health care.
Higher Education
The team of the joint EC-CoE project “Strengthening Higher Education in BiH” (SHE III) met with the Deputy Director of the BiH Agency for Higher Education Development and Quality Assurance (HEA) to agree on first support measures for the establishment of the HEA (CoE expert review of rules of procedures and standards and criteria & needs assessment) on 2 April in Sarajevo. On 6 and 8 April, the SHE project team visited the University of Bihać and the University of Zenica to present the new project. On 23 April, the SHE project team met with the Minister for Education and Science of the Federation of BiH and her Higher Education Adviser, to present the new project, while on 24 April, the project manager participated in the III Consultation of Higher Education Reforms organised by the University of Sarajevo. The SHE project co-ordinator attended a meeting of the SRSG with the Minister of Civil Affairs on 28 April, at which the Higher Education project was discussed. The Minister invited the CoE to present the project at the next session of the Conference of Education Ministers in BiH on 5 May, where the set up of project’s steering board should also be decided.
CoE visibility
Regular monitoring of the three main newspapers (Dnevni Avaz, Nezavisne Novine and Dnevni List) and the main TV stations showed that media fully covered CoE activities. About 22 articles were published on CoE activities, especially concerning the visit of the CoE monitoring team.
Campaigns and 60th Anniversary
From 22 to 27 April, the CoE Office participated in the XXI International Books, Teaching and Music Production Fair and X Book Biennale in Sarajevo. The Information Officer prepared an exhibition of books, campaign posters, and promotional material marking the CoE 60th Anniversary.
Web
The Office’s Face Book Group posted a small article with general information, a link to the CoE presentation and to the Office homepage, and a Flag film, following the meeting of CoE directors of CoE’s information offices. Following a suggestion by the DC, the Group is constantly updated with relevant and interesting information. The Office’s homepage was updated by translation into local languages of the press releases concerning CoE and Office activities. This month the homepage was visited by 4,500 visitors.
Ms Caroline RAVAUD
Special Representative of the SG
Tel: +387 33 264 360 or 361 - Fax: +387 33 233 937
E-mail: caroline.ravaud@coe.int
Tbilisi
1. Political and legislative developments
Internal political developments
On 8 April, on the eve of the protest demonstrations announced by the extra parliamentary opposition, the Ambassadorial Working Group issued a statement encouraging the Government and opposition parties to engage in an open dialogue seeking lasting constructive solutions to issues of importance to Georgia and Georgians. The Ambassadors also called upon all political forces and Government representatives to show responsible behaviour and commitment to democratic principles during the protest actions, to express their positions within the legal framework and to avoid violence. A similar statement by the EU Ambassadors was issued on 24 April.
The protest actions by extra parliamentary opposition began on 9 April. On the first day, between 25,000 and 60,000 people came to demonstrate in front of the Parliament and demanded President Saakashvili’s resignation. The numbers dropped significantly during the following days (to 2,000-5,000 people), but the protest organisers developed the tactics of blocking main streets in Tbilisi with metal cages symbolising prison cells, and picketing State buildings, rendering access to them impossible. Subsequently, symbolic cells were placed and pickets were also organised in front of the Public Broadcaster building.
The pickets and blockades continued at night, despite the fact that most of the time only very few people (a few hundred) remained on the streets. This prompted controversy and conflicting legal expert opinions as to whether the organisers of the protests had not violated the Georgian law on demonstrations, which allows unrestricted demonstrations but not blocking streets with physical obstacles. Further, most of the international observers agreed that, while occasional instances of attempted traffic restrictions by the authorities had been reported, there had not been any large scale road blocks or public transport restrictions to prevent the people from the regions reaching Tbilisi and participating in the rallies.
Despite a growing number of incidents and alleged beatings of opposition supporters by unknown persons, mostly at night (denounced inter alia by the Public Defender), the opposition actions have overall taken place in a peaceful atmosphere. At the same time, there has been a certain degree of radicalisation of the protest methods and the language used during the rallies. On 24 April, a group of protesters tried to approach the restaurant where the President was having dinner. A scuffle took place between the demonstrators and unarmed patrol police. As a result, one policeman was wounded and briefly hospitalised, and one of the demonstrators was arrested for attacking a police officer on duty. There have also been a few incidents involving protesters and local residents, frustrated by the movement restrictions caused by the rallies.
As from the beginning of the protest actions, various senior political figures of the country (including the President and the Parliament Speaker) have repeatedly offered dialogue to the radical opposition, on any subject except the immediate resignation of the President. Further, they held numerous meetings with the parliamentary opposition, various professional groups and representatives of the civil society, in order to discuss the ways out of the crisis. Also, representatives of the international community, including EUSR Peter Semneby, have met several times with the opposition leaders and Government officials, stressing the need to begin negotiations and end the street action. The Patriarch of the Georgian Orthodox Church, Ilia II, has also made a number of statements calling on both parties to begin real dialogue.
The opposition protest organising committee notified the Tbilisi Mayor's Office on 25 April that their action would continue until 8 May with an estimated number of participants set at 100,000 people.
On 28 April, following an appeal by Ilia II to come to church and confess one’s sins on the Repentance Day, Irakli Alasania, the leader of Alliance for Georgia attended a service at Tbilisi’s Holy Trinity Cathedral. He was the only opposition leader to go to the cathedral (also visited by President Saakashvili and Parliament Speaker Bakradze), the other extra parliamentary opposition politicians having preferred Kashueti or Sioni churches. After the service, President Saakashvili made an appeal for dialogue and forgetting “personal rivalry”. Also on 28 April, late in the evening, Patriarch Ilia II met with the opposition leaders.
On 18 April, a riot broke out in Colony No. 5 for women and juveniles in Tbilisi. The stated reason was the President’s traditional Easter amnesty, which the inmates considered as unjust since it applied only to few women and juveniles. The Public Defender spent the night in the prison trying to calm down the protesters but declared when leaving the following morning that the prisoners’ demand (to release them all) was impossible to fulfil. Given that the prisoners have inflicted serious damage to the establishment, a decision was taken to transfer all the inmates to Prison No. 1 in Rustavi. Some NGOs made allegations that, during the transfer, a number of inmates had been subjected to physical ill-treatment by the prison staff.
On 28 April, the first EU-Georgia Human Rights Dialogue was held at the Ministry of Foreign Affairs. The discussions focused on the mechanisms for the protection of human rights in Georgia; judicial reform; current situation in terms of the protection of civil, political, economic, social and cultural rights; co-operation in international fora for the protection of human rights; and humanitarian situation following the Russian-Georgian war in 2008.
Conflict-related developments
Three Georgian monks and four nuns were expelled from the St. George Monastery in Azhara (Kodori Gorge) by the Abkhaz de facto authorities on 2 and 3 April. They were accused of having refused to pledge allegiance to the Abkhaz Orthodox Church and of spreading Georgian propaganda among the remaining residents of Kodori. The Georgian Patriarch Ilia II expressed deep regret over this decision and declared his intention to visit Abkhazia and discuss this issue in May. However, senior ecclesiastic officials in Abkhazia commented that this would not be possible in the near future.
On 3 April, the Special Representative of the OSCE Chairman in Office, Charlamos Christopoulos, announced that the Georgian and de facto South Ossetian authorities would soon begin the process of prisoner exchange, under the aegis of the OSCE, as well as discussing the issue of missing persons.
On 5 April, the Georgian Ministry of Refugees and Accommodation announced that they would start granting formal IDP status to the “new” IDPs before the end of April. Their declared objective was to complete the process by the end of May. Further, a revised draft IDP Strategy and Action Plan were submitted for consultations with the international and non-governmental organisations.
On 7 April, the Georgian coast guards detained a ship sailing under the flag of Cambodia but with a Russian crew, allegedly for violation of the shipping regime (sailing to Sukhumi without authorisation). The ship was later released.
The de facto Abkhaz authorities stated on 8 April that Abkhaz troops, together with the Russian military forces present in the region, were reinforcing the de facto administrative borderline with the rest of Georgia.
In his statement of 14 April, the OSCE High Commissioner on National Minorities Knut Vollebaek called on the de facto Abkhaz authorities “to put an end to the pressure being exercised on the Georgian population in the Gali district”. He also stated that the pressure on the local ethnic Georgian population was exerted through “the limitation of their education rights, compulsory ‘passportisation’, forced conscription into the Abkhaz military forces and restrictions on their freedom of movement”. He expressed regret over the decision of the Abkhaz de facto authorities to close the administrative borderline “which makes it increasingly difficult for the population to maintain family contacts, access necessary health care or sell their products on the other side of the de facto border”.
On 14 April, the Human Rights Watch published a report on the use of cluster bombs during the August conflict (“A Dying Practice: Use of Cluster Munitions by Russia and Georgia in August 2008”). In its conclusion, HRW found that both Russia and Georgia had used cluster munitions attacks, which altogether caused the death or injury of 70 civilians.
According to the HRW report, the use of cluster munitions by Georgia had been aimed at the Russian military personnel and equipment north of Tskhinvali. However, probably due to massive weapons failure, many of these munitions landed in or near populated areas in the Gori District. The HRW stressed that this underscored the unreliability and humanitarian risks of these weapons, and called on both the Russian Federation and Georgia to sign and ratify the Convention on Cluster Munitions as soon as possible.
As from 15 April, South Ossetian passports started being issued to inhabitants of Akhalgori region. A decision on this was taken by the de facto government of South Ossetia on 13 April (as reported by the State Information Committee). This action was reportedly related to forthcoming parliamentary elections in South Ossetia, scheduled for 31 May. According to information by ITAR-TASS of 17 April, which was confirmed by the head of the de facto South Ossetian Central Electoral Commission (CEC) Bela Pliyeva, four parties will take part in the elections: Unity, the Communist Party, Fatherland, and People's Party.
On 16 April , the ECtHR held a Chamber hearing in the case of Georgia v. Russia (No. 1). The case concerned the alleged harassment of the Georgian immigrant population in the Russian Federation following the arrest in Tbilisi, on 27 September 2006, of four Russian service personnel on suspicion of espionage against Georgia.
On 21 April, South Ossetian militia detained two OSCE monitors for about 2.5 hours (according to SO de facto authorities they had illegally crossed the de facto border).
The first preparatory meeting of the Geneva Incident Prevention Mechanism (IPM) took place on 23 April between the Georgian and South Ossetian checkpoints in Ergneti. At the meeting, facilitated by EUMM and OSCE, representatives of Georgia, Russia and South Ossetian de facto authorities took part. The meeting dealt with procedural issues concerning the organisation of subsequent meetings. While procedural questions remain open, the sides agreed to convene again, in early May, in a location on Tbilisi-controlled territory to be proposed by the Georgian authorities.
Three months after its entry into force, the Memorandum of Understanding between the EUMM and the Ministry of Defence of Georgia was automatically prolonged on 26 April for another three months. The EUMM stressed that it had followed up all allegations of infringements of the Memorandum of Understanding, but had not been able to substantiate any of them.
The Russian President Dimitri Medvedev and Abkhaz leader Sergey Bagapsh signed an agreement on co-operation in border protection on 30 April. A similar agreement was signed on the same day by President Medvedev and South Ossetian leader, Eduard Kokoity.
2. Council of Europe action
The first Report on the human rights situation in the areas affected by the conflict in Georgia (SG/Inf(2009)7) was issued by the Secretary General on 16 April and submitted to the Ministers’ Deputies.
A delegation of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) began its first visit to Abkhazia, Georgia, on 27 April. The visit is expected to last approximately 10 days.
A three-day training seminar on “Prohibition of Discrimination” for three groups of prosecutors and investigators was held in the Public Prosecutor’s Office on 25-27 April.
3. Other action / co-ordination and co-operation with partner organisations
During the month of April, the SRSG held frequent meetings with counterparts from the national and international community (authorities, diplomatic corps and international organisations, political parties – including extra parliamentary opposition – and civil society). The meetings focussed on the Council of Europe action in Georgia and on the ways of solving the current political crisis in the country. Further, on 8 April, the SRSG met the Patriarch of Georgian Orthodox Church, His Holiness Ilya II.
On 1 April, the Human Rights Adviser attended a consultative meeting with civil society organisations at the EC Delegation in Tbilisi, concerning the human rights dialogue with Georgia. The issues discussed included Georgia’s progress in judicial and justice reform, conditions of detention and the general human rights situation.
On 7 April, a staff member from the CoE Office attended a roundtable meeting on penitentiary reform, organised by Penal Reform International.
A staff member from the CoE Office attended a Donor Co-ordination Group meeting (with representatives of the World Bank, European Bank for Reconstruction and Development, United Nations, European Commission and the US Government) on 14 April.
On 16 April, a member of the CoE Office staff attended a meeting regarding the Task Force for Regional Development in Georgia.
The Human Rights Adviser visited Sukhumi from 23 to 24 April and attended in an observer capacity, an international roundtable discussion on ‘Contemporary Issues on Traffic Safety Enhancement” organised by the UN Police. On 24 April, she met with the staff of the UNOMIG human rights component/OHCHR based in Sukhumi and was briefed on their activities.
On 24 April, the SRSG made a speech at the reception organised by the Georgian Ministry of Foreign Affairs on the occasion of the 10th anniversary of Georgia’s CoE membership.
On 25 April, the SRSG attended a meeting of the Parliament Speaker David Bakradze with the diplomatic corps and representatives of international organisations. The meeting concerned the current political situation and the Georgian authorities’ plans of further democratic reforms.
On 27 April, the SRSG made opening remarks at the 2nd workshop on investigation and reporting techniques involving persons with disabilities for lawyers of the Public Defender's Office (PDO). The Human Rights Adviser attended a workshop on the Action Plan of the IDP State Strategy, held on 28 April.
On 28 April, the SRSG made opening remarks at the expert meeting on improving the conditions of life-sentenced, long-term and remand prisoners, with the participation of the Minister for Penitentiary, Probation and Legal Aid, Dmitri Shashkin.
On 29 April, the SRSG and the Human Rights Adviser participated in a visit to a collective centre for “old” IDPs in Tbilisi and a settlement for “new” IDPs in Metekhi settlement (Shida Kartli region), organised with the assistance of the UNHCR.
On 30 April, the SRSG made opening remarks at the seminar on “National Minorities and Ethno-Political Conflict: the International Law Perspective”, organised within the framework of Denmark’s Caucasus Programme and implemented by the CoE and ECMI.
The SRSG also participated in the meetings of Ambassadorial Working Group (of which he was elected co-chairman) and the Electoral Code drafting Working Group (EWG). In addition, he or the Human Rights Adviser attended weekly EUMM briefings.
4. Activities of the Information Office
Seminars and conferences co-organised by the IOCE
1 April - CoE campaigns’ day - “Public v. Discrimination - Future is Yours” (and press briefing) at cinema halls in Tbilisi: 200 Children of different ages had an opportunity to gather at main cinema halls in Tbilisi, where by means of video animation (DC’s visitors’ film; flags; cartoon on children) were presented the CoE two campaigns on Anti-Discrimination and Abuse of Children. The presentation was made by famous modern (folk-Jazz) singer Zaza Korinteli (Zumba) with his team Zumba-Land and the mayor of Tbilisi city. (CEAD-26707)
7 April - Launching of TV project (also using DC and DG III prepared videos) on broadcasting of video material highlighting CoE history, present days and relations with Georgia. (CEAD-26781)
7 April - Open doors day at the CoE Office - Approximately 2000 students and other interested persons were given an opportunity to visit the CoE office and attend the specialised seminars on HR, Non-Discrimination and the rights of children. (CEAD-26785)
27 April - 60 Years - Voices of Democracy - Series of radio programmes with the participation of leading diplomats (participating in the Georgia’s accession process to CoE) artists and experts dealing with European affairs. The project was followed by public opinion poll in the streets of Georgian cities and several high educational institutions, with the live operating Q&A. (CEAD-26780)
30 April - Launching of a new website with updated info on campaigns, added visual materials. (CEAD-26783)
Publications and Translations
PUBLICATION
- Publication of Q&A on ECtHR;
TRANSLATION
- 12 short stories representing main areas of the CoE action" prepared by DC for the media distribution and publication in periodicals.
Statistics of IOCE
26 - Press releases issued;
173 - Visitors;
1298 - CoE promotional material distributed;
237 - Phone calls responded;
154 - Replies of IO by mail;
1 - Secretariat, CoE Mission highlighted in media;
1 - Press Conference;
3 - ECtHR related visits.
Website (coe.ge):
|Summary |
|Reported period |
|Month Apr 2009 |
| |
|First visit |
|01 Apr 2009 - 00:03 |
| |
|Last visit |
|29 Apr 2009 - 07:30 |
| |
| |
|Unique visitors |
|Number of visits |
|Pages |
|Hits |
|Bandwidth |
| |
|Traffic viewed * |
|4227 |
|7247 |
|(1.71 visits/visitor) |
|34886 |
|(4.81 Pages/Visit) |
|194708 |
|(26.86 Hits/Visit) |
|5.09 GB |
|(736.01 KB/Visit) |
| |
Mr Borys WODZ
Special Representative of the SG
Tel: +995 32 913870/71/72/73 - Fax: +995 32 913874
E-mail: borys.wodz@coe.int
Chisinau
1. Political and legislative developments
Parliamentary elections
Parliamentary elections were held on 5 April. According to the CEC, the 5 April parliamentary election monitoring involved 3,134 domestic and international observers.
On 6 April, upon processing 94% of all ballots, the CEC announced that the PCRM had won 49.91%, PL 12,91%, PLDM 12.23%, and AMN 9.88%. In its opinion, the International Election Observation Mission (IEOM) found that elections in Moldova had taken place in an overall pluralistic environment, offering voters distinct political alternatives and meeting many of the OSCE and CoE commitments. It also showed that the campaign environment was affected by frequent allegations of intimidation, including by the police, of voters and candidates, and allegations of misuse of administrative resources. In a press release issued on 7 April, the Civic Coalition for Free and Fair Elections - “Coalition 2009”, stated that the elections were not fair and only partially free.
On 8 April, the CEC announced the final results of the elections: PCRM received 49.48%, PL 13.14%, PLDM 12.43%, and AMN 9.77%. The voter turnout was 59.9%. On the same day, the CEC permitted political parties to check the voters’ lists. On 14 April, the Chisinau Court of Appeal ruled in favour of PCRM and asked to immediately ban the copying of the electoral lists by the opposition parties. On 22 April, the Supreme Court of Justice upheld this judgment.
On 10 April, Vladimir Voronin requested the Constitutional Court (CC) to pass a decision on a complete recounting of the ballots. On 12 April, the CC received the election results from the CEC. In the attached explanatory note, three members of the CEC pointed to several violations of the electoral legislation. On 15 April, the leaders of the three opposition parties made public, evidence on election fraud mainly pointing to voters’ lists.
On 21 April, the CEC announced the result of the vote re-counting. It did not change the outcome of the elections, nor the initial distribution of mandates.
On 22 April, the CC validated the results of the 5 April parliamentary elections. On 23 April, the PLDM claimed the given decision was illegal because the CC ignored three petitions filed by political parties that challenge the election outcome.
On 24 April, President Voronin signed a decree on the convening of the newly-elected Parliament on 5 May 2009. On 27 April, the leaders of the three oppositional parties stated they should not take part in the election of the new President of Moldova.
By 28 April, all the parliamentarians had received their mandates.
Post-election developments
On 6 April, a massive protest took place in Chisinau gathering about 10,000 people dissatisfied with the election results. The rally continued on 7 April and protesters were joined by several prominent politicians. The Minister of Interior, Gheorghe Papuc, accompanied by Deputy Minister Valentin Zubic also came to the place. Shortly after noon, some protesters forced their way inside the Parliament Building and the Office of the President. The flags of the EU and Romania were hoisted on the latter. Protesters who entered parliament took out various items and set them on fire in front of the building. The same night, President Voronin openly accused the leaders of the opposition parties of having embarked on the implementation of an anti-constitutional coup d’état in the Republic of Moldova. According to President Voronin, “Their objectives are obvious - annihilation of the Moldovan State and liquidation of our democracy".
A series of reactions from various state officials and representatives of the international community followed the next days. These mainly condemned the post-election violence and called for political dialogue. The Moldovan civil society also condemned the violent actions, criticised the authorities for the measures taken in the aftermath of the 7 April events and expressed deep concern over the widespread violations of human rights.
Due to the alleged involvement of Romania in the 7 April events, the Romanian Ambassador to Chisinau, Filip Teodorescu, was declared persona non grata on 8 April. On the same day, President Voronin announced that the Republic of Moldova was introducing a visa regime with Romania. On 14 April, addressing the Romanian Parliament, Traian Basescu categorically refuted Chisinau's accusations that Romania allegedly was involved in the 7 April events in Chisinau. On 15 April, President Voronin once again blamed the Romanian authorities for the 7 April mass riots. On the same day, the Romanian Government adopted an emergency ordinance, amending the Romanian nationality law and thus simplifying the procedure for granting Romanian citizenship. On 24 April, the Moldovan Foreign Ministry rejected Mihnea Constantinescu as Romania's ambassador to Chisinau.
On 8 April, the opposition parties denied involvement in the 7 April turmoil, and blamed the Communist authorities for the acts of violence and asked for the setting-up of a commission that would investigate the events. On 9 April, the PL and the PLDM requested the EU and the CoE, to send an investigation mission to Moldova, in order to scrutinise the actions undertaken by the communist authorities in the days following the election. On 21 April, a “State Commission for Investigating the Reasons, Conditions and Consequences of 7-8 April 2009 Riots in Chisinau” was created by Presidential decree. The commission is charged “to draft measures to prevent anti-constitutional actions and to eliminate their consequences”. On 22 April, the PLDM claimed the composition of the commission is biased and that its conclusions are foreseeable, as it does not include representatives of the civil society, independent press and opposition parties. On 22 April, during his official visit to Chisinau, the President of the European Council Mirek Topolanek highlighted the necessity to set up a commission that would comprise of representatives of the opposition and international organizations to investigate the 7 April events. On 24 April, after meeting President Voronin in Chisinau, the Secretary General of the Council of the European Union and High Representative for the Common Foreign and Security Policy Javier Solana said “the President accepted that representatives of the opposition and possibly representatives of the European bodies are included in the state commission created”. The commission held its first working meeting on 24 April. It is expected to formulate its conclusions by 5 May and to pass a report to the new Parliament.
Human Rights
On 9 April, the Moldovan Prosecutor General's Office (GPO) initiated a criminal suit on an attempted overthrow of state power, carrying out a coup d'etat, and state power usurping. On 15 April, President Voronin called for an amnesty for most people involved in the 7 April riots. On the same day, Minister Interior, Gheorghe Papuc, said that the information spread by certain mass media sources on the ill-treatment and torture of the detained people is groundless, emotive and erroneous. On 16 April, the GPO announced that it had “started to revoke the reprimand measures in form of arrest applied on the persons who attended the mass disorders on April 7 and that the prosecutors will ask the courts to free the detained people”. On 21 April, the Liberal Party claimed that, despite President Voronin's statements on amnesty, the police and state security agents were continuing to detain young people. On 22 April, the Moldovan Penitentiary Department announced the release of 98 out of the 106 persons suspected of taking part in the 7 April riot. The GPO claimed that only riot organisers and persons with a criminal past were remaining under arrest. As of 23 April, the GPO had concrete data on 24 persons ill-treated by the police. Thirty more complaints lodged by lawyers, parents and noticed by the media were being examined. During the meeting of the Chisinau Municipality on 28 April, the head of the Local Public Administration Division, Alexandra Motpan, said that the list of persons that appealed to the Mayor after being beaten or arrested by the police includes 322 people and that two persons continue to be missing following the 7 April protest. Lawyer Stefan Matei, who defends a woman allegedly sexually abused by a police officer, stated on 24 April that at least three young women arrested by the police after the 7 April protests were beaten up and raped by officers in police stations. The media has reported the death of three persons as a result of the 7 April protests. The authorities denied their responsibility.
On 14 April, the OSCE Representative on Freedom of the Media, Miklos Haraszti, urged the Moldovan authorities to secure free access for international media and allow unhindered reporting in the country. On 14 April, twenty-five members of the International Freedom of Expression Exchange (IFEX) and ten other organisations protested violations of access to information rights and attacks on journalists following elections.
On 10 April, the Grand Chamber of the ECHR embarked on considering the appeal lodged by the Government of Moldova on the dual citizenship case. On 24 April, five NGOs, members of the Coalition for Free Elections in 2009, received subpoenas from the state tax bodies containing a request for information about their funding. The Coalition’s reports on elections identified serious violations of the electoral process. On the same day, three opposition newspapers - “Timpul”, “Ziarul de Garda” and “Jurnal de Chisinau” - received a request from the Ministry of Interior to bring evidence over the published allegations that law enforcement bodies mistreated participants at the 7 April protests.
On 23 April, the European Commission published the 2008 progress report on Moldova.
Transnistria
On 5 April, the separatist Transnistrian authorities prevented Moldovan citizens from voting by stopping the voters at the customs checkpoints or sequestrating their car plates. About 4,000 Moldovans living in the Transnistrian region took part in the 5 April elections. The number dropped twofold compared to 2005.
On 15 April, the Transnistrian deputies passed a bill to amend the constitution of Transnistria in the first reading.
2. Council of Europe action
The Director General of Democracy and Political Affairs (DG-DPA), Jean-Louis Laurens, travelled to Chisinau from 15 to 17 April, at the request of the Secretary General to collect information on the spot concerning the events which followed the 5 April general elections (the arrest of a large number of people during the violent demonstrations of 7 April and the alleged violations of the human rights of the detainees). The report of this visit DPA/Inf(2009)18 was published on 29 April 2009.
The Commissioner for Human Rights, Thomas Hammarberg, visited Moldova from 25 to 28 April, where he met with the Ministers of Interior, Justice and Foreign Affairs, the Prosecutor-General, the Ombudsman, members of the national mechanism for the prevention of torture, leaders of the political opposition, representatives of civil society and the media. He also interviewed various persons who were, or had been, deprived of their liberty in connection with the post-electoral demonstrations and violence. According to the press release issued by his office on 29 April, the Commissioner concluded that human rights were violated in Moldova.
On 29 April, the Parliamentary Assembly of the Council of Europe (PACE) adopted Resolution 1666 (2009) on “The functioning of democratic institutions on Moldova”. The Assembly urged that an independent and thorough investigation of the allegations of violence be started immediately, and that those responsible for these violations be brought to trial.
The staff of Teleradio-Moldova has received training on performing fair political debates with follow-up on the occasion of the Election Day. It also enabled the evaluation of all political debates and the assessment of the extent the earlier formulated recommendations had been observed. The observers noted that the state broadcaster blurred the distinction between the coverage of duties of state officials and their campaign activities. (CEAD 23724)
From 18 March to 9 April, Mrs Maria Teresa Mauro, an expert from the Venice Commission provided assistance to the CEC in ensuring legal and technical support. (CEAD 26748)
Until 5 April, videos have been broadcasted on all relevant TV stations in Moldova several times per day (all in all 865 times). Printed materials have also been disseminated abroad through diplomatic representatives of the Republic of Moldova and by attachments to train and flight tickets. (CEAD 24123)
A few days before the election day, the National Youth Council of Moldova (CNTM) finalised the gatherings with students at Universities around Moldova. In addition, CNTM organised three specific events in the regions with the participation of CoE representatives, CEC members and other experts. The campaign raised young people’s awareness about the importance of elections. The target group has taken an active role in motivating other young people to vote. (CEAD 24124)
The first meeting of the working group on the NIJ training needs assessment (TNA) was carried out on 21 April. An agreement has been reached on the format, methodology and time frame for this common activity. (CEAD 25556)
A report is being prepared on the compliance of the Moldovan legislation tackling lawyers’ rights with the principles of access to justice, independence of lawyers, efficient exercise by lawyers of protection of clients’ rights and interests and equality of arms. (CEAD 26514)
Aiming at drawing up and publishing a Guide for judges and journalists on the freedom of expression and access to information, taking into consideration the national and the European jurisprudence, two national experts representing the MoJ and the Governmental Agent have prepared information on the pertinent Moldovan legislation. (CEAD 24092)
The team of three national consultants continued to provide permanent assistance and advice to the MoJ on legal drafting. During the reporting period, the working group focused on the draft new National Action Plan on Human Rights. (CEAD 19427)
Aimed at continuing to support the implementation of the corruption risk assessment in the central public authorities, on 7 and 29 April MOLICO organised meetings of working groups in the Centre for Combat Economic Crimes and Corruption (CCECC). The internal work processes have been thoroughly analysed at the meetings. (CEAD 21055)
On 3 April, the first workshop on national money laundering and terrorist financing risk assessment was organised by MOLICO in co-operation with the CCECC. Aimed at explaining the purposes of the risk assessment at the national level, the event gathered 25 participants from the law enforcement, National and commercial Banks and the National Commission for Financial Market of Moldova. (CEAD 26687)
On 17 April, a workshop on anti-money laundering measures in money transfer systems was organised. The CoE experts presented anti-money laundering policies and measures applied by a range of money transfer systems. The event gathered representatives of the National Bank, commercial banks and Moldovan Post. (CEAD 26687)
Activities of the Information Office - April
Publications: title, number of copies
Case-law concerning Article 10 of the European Convention on Human Rights (Human Rights files, nr.18) - 1000 copies
Preparation of the street publicity in the capital on the occasion of the 60th anniversary of CoE.
Production of an exhibition roll stand with the anniversary logo of CoE.
Production of a CoE plaque to be placed in the CoE Square in Chisinau.
Statistics of the office:
▪ a/ Applications and specific documents on the ECHR were given to 21 persons at the IOCE premises. b/ required documents on general issues: registered 19 sent on request: 10
▪ Visitors to the Office: 18
▪ Visitors to the library: 28
▪ Donation of publication/materials: 420 copies
▪ Press releases translated and sent to mass media: 13
▪ Website statistics: visits 4077, page views 11710
Seminars/conferences/workshops etc.
1 April - the IOCE in partnership with the Police Academy organised a training session on "the Council of Europe: protection of human rights, democracy and the rule of law" on the Council of Europe’s 60th anniversary , its achievements and future priorities. Target group: last year students of Police Academy and didactical staff (40 participants). All participants received sets of human rights literature, promotional and video materials (CEAD 27032)
Media
16 April - the IOCE Director gave an interview to the National Radio within Radio Programme “European Dimensions” on the 60th anniversary of the Council of Europe, its activities and co-operation with Moldova.
Mr Vladimir RISTOVSKI
Special Representative of the SG
Tel: +373 22 202 304 or +373 22 202 212 374 - Fax: +373 22 202 305
E-mail: vladimir.ristovski@coe.int
Belgrade
1. Political developments
The Serbian President, Boris Tadic, along with his staff and the Kosovo Minister, spent Orthodox Good Friday (17 April) at the Visoki Decani monastery in Kosovo, in order to demonstrate his full support to the Kosovo Serbs. After arriving at the monastery by KFOR helicopter, Tadic emphasised to the Serbian media that his aim was to send a message of peace to both Kosovo Serbs and Albanians.
Serbia submitted its motion to the International Court of Justice (ICJ), contesting the legality of Kosovo’s unilateral declaration of independence (UDI). The ICJ received written contributions from 35 countries for participation in this case, possibly making it an ICJ’s biggest historic procedure due to the largest number of countries participating in this trial.
The Serbian Government continued its efforts to mend relations with its neighbours. Normal diplomatic relations will soon be re-established with “the former Yugoslav Republic of Macedonia” and Montenegro. President Tadic met with Montenegrin President Vujanovic on the margins of the Sofia Summit this month and both announced their willingness to normalise the diplomatic relations between the two countries.
The Serbian Government also tried to improve relations with the USA: the Kovacevic case which was affecting US-Serbian relations, was satisfactorily settled, with Serbian government paying compensation, while the American authorities left the relevant prosecution to the Serbian side. Foreign Minister Vuk Jeremic travelled to Washington on 23 April and met State Department officials and US Congress members, with media quickly reporting that the US Vice President Joe Biden will visit Belgrade in the second half of May.
In an interview to a Belgrade daily President Tadic stressed the need to amend the existing Constitution and the electoral law, as well as to introduce regionalisation and decentralisation. Tadic emphasised that the number of MPs should be reduced from 250 to 150. He underlined that the existing electoral law should be modified because it allows "too many parties to easily enter the parliament and participate in the governments which become overstaffed for that reason". While discussing regionalisation, Tadic said Vojvodina should not be the only region in Serbia to enjoy special rights as “this creates an asymmetrical situation which is not contributing to stability".
Demonstrating against the latest government’s package of measures against the economic crisis, one of the biggest trade unions organised a protest on 29 April in front of the government and other state institutions, mostly blaming the government for the current problems, corruption and a misconduct of the privatisation process.
2. Council of Europe action
The Programme of Support to Parliamentary Institutions organised a round table on decentralisation and regionalisation process in Serbia at the premises of the Serbian Parliament on 9 April, for the MPs and staff members who went on a study visit to Spain in February 2009. The SRSG delivered the opening remarks, as well as the Parliament’s Deputy Speaker, while presentations were made by one of the PACE members from Croatia, the Spanish Ambassador in Belgrade and a Serbian MP. The Project also participated and took part in organising the Steering Committee meeting in Strasbourg on 24 April.
The Support to the Constitutional Court of Serbia Project organised a seminar in Belgrade, on 27-28 April on the right to privacy, freedom of expression, assembly and association for judges and advisors of the Serbian Constitutional Court. ECtHR Judge Spielmann was one of the lecturers.
After three years, since April 2006, and with two extensions of one year each, the Assistance to Prison Reform Project in the Republic of Serbia officially ended on 31 March 2009. The CoE maintained excellent working relations with the Serbian Justice Ministry and Prison Administration, but also with all other relevant actors involved in the reform of penal system, including international and local organisations. In spite of continuous and severely turbulent political environment in the country, the project managed to achieve almost all of its objectives and goals.
The Project’s Working Group (WG) for recognition issues and improvement of the Serbian National Action Plan (NAP) held two meetings on 9 and 28 April 2009. With the successful conclusion of the WG’s task, the drafting of the by-law regulating academic recognition. The SHE Team also held a meeting of the WG for preparing National Qualifications Framework (NQF) with the CoE expert professor Stephen Adam on 29 April, to further improve existing documents and make them in compliance with the Bologna process.
Other action/co-operation with partner organisations
The SRSG, together with the Serbian Minister for Public Administration and Local Self-Government, jointly opened the Ministry’s roundtable on “Draft Law on Election of Councillors” on 28 April in Belgrade.
The DSRSG met the Serbian Ombudsman to discuss further co-operation between his Office and the CoE in Belgrade. She also opened a conference in Vojvodina’s capital of Novi Sad “European Integration Process and Interregional Co-operation”. Together with the Serbian Ombudsman, the DSRSG opened the conference on the legal position of churches and religious communities in Serbia on 28 April.
CoE Profile
On 11-14 April, several dailies reported that the Serbian War Crimes Prosecution Office completed the investigation into organ harvesting, announcing the visit to Belgrade of the CoE rapporteur on the issue Dick Marty (Politika, Vecernje Novosti, Kurir, Svedok).
On 12-16 April, all media widely reported on the visit of the Justice Minister Snezana Malovic to Strasbourg.
Kosovo Ministry’s State Secretary Oliver Ivanovic told Kurir daily on 15 April about the proposal that the decentralisation process in Kosovo should be carried out under the CoE auspices and with UNMIK’s involvement, as it would guarantee the neutrality of the process.
All media announced the beginning of the PACE spring session on 27-29 April, first citing the SG as saying that Serbia made significant progress in fulfilling its obligations and that the Government should continue on this path, but there is still more to be done. The media reported in detail about the adopted PACE resolution on Serbia, quoting PACE Rapporteurs Andreas Gross and Charles Goerens as saying that the CoE should continue to review Serbia’s progress on fulfilling its obligations, but adding that the country completed most of them.
Vecernje novosti daily reported on 28 April on the state’s plan to secure around 70 million Euros for flood damage from the CoE Development Bank.
The SRSG gave an extensive interview for the April issue of the American Chamber of Commerce Magazine about the role of the CoE in Serbia and its support to the country’s path to Europe.
The media also quoted opening remarks by the DSRSG on 28-29 April, at the roundtable on the Legal position of churches and religious communities.
Mr Constantin YEROCOSTOPOULOS
Special Representative of the SG
Tel: +381 11 3 088 411 - Fax: +381 11 3 086 494
E-mail: constantin.yerocostopoulos@coe.int
Podgorica
1. Political developments
The EU Council of Ministers has given the European Commission the green light to prepare its avis on Montenegro’s application. Commissioner Olli Rehn said that “Political reform is making progress, new institutions are being established or the existing ones strengthened. Montenegro has a very constructive and stabilising role in the region.”
General elections
The Parliament of Montenegro was constituted on 23 April. SDP leader Mr Ranko Krivokapic was expected to become Speaker for the third time. However, the session was suspended without the Speaker being elected.
After long negotiations between the Democratic Party of Socialists (DPS) and the Social Democratic Party (SDP), it was agreed that Mr Krivokapic would remain the Speaker. His election should take place on 6 May. President Vujanovic has called for consultations for the nomination of the Prime Minister. Mr Djukanovic will most likely remain PM.
The Ministry of Interior and Public Administration has called displaced persons from Bosnia and Herzegovina and Croatia to appear by 1 June at the Ministry’s regional offices where their residence was registered in order to have their status reviewed in accordance with the new Law on Asylum. However, according to the UNDP the Roma population arrived from Kosovo is still at risk of statelessness.
Fight against corruption and organised crime
According to the State Prosecutor Ms Carapic, between 1 January and 22 April 2009, the Prosecutor’s office has registered 15 cases relating to corruption and organised crime, with 30 persons being involved.
Almost five years after the assassination of the Editor in Chief of the daily “Dan” - Dusko Jovanovic, Damir Mandic has been sentenced to 30 years in prison for being a co-perpetrator in the murder of the editor. The verdict was brought in the second instance after Mandic was acquitted in the first instance proceeding. However, the rest of the group involved in this crime is still unknown.
The Forestry Department’s Director Rados Sucur was arrested on suspicion of abusing his official position and embezzling over €100,000. The Special Prosecutor for corruption, organised crime and war crimes has filed a request for investigation.
Regional co-operation
President Vujanovic expressed readiness to meet officially with his Serbian counterpart. The invitation from Serbian President Tadic was seen as a good sign, after the expulsion of the Montenegrin Ambassador from Belgrade following its recognition of Kosovo.
A recent Serbian request to open three more consulates in Montenegro revived the tensions. Officials commented on the idea to have 4 diplomatic representations in less than 100 km distance as absurd and as political pressure on Montenegro. Pro-Serbian opposition parties welcomed the idea.
There are also positive movements in co-operation with Serbia:
▪ Montenegro and Serbia have initiated the third round of negotiations on legal aid covering: civic and criminal matters; mutual execution of court orders in criminal matters; extradition.
▪ Police Directors of Montenegro and Serbia have discussed police co-operation on border security, combating smuggling and organised crime.
Office activities
Comments on the Analyses on the Free Legal Aid System in Montenegro were provided to the Ministry of Justice. The Council of Europe will continue with its support for establishing a functional free legal aid system in Montenegro. Planned activities include: a round table in June and expert support in drafting the Law on free legal aid.
A conference on the implementation of the Civil law convention on corruption was held on 16 April, in co-operation with the Agency for anti-corruption initiative.
A conference on: Reinforcement of ethics within judiciary was held in Podgorica on 24 April. The conference was organised by the CoE in co-operation with the Supreme Court of Montenegro. Planned activities: training for judges and prosecutors in co-operation with the Judicial Training Centre.
A conference on the Optional protocol to the UN’s Convention for the Prevention of torture, cruel and inhuman behaviour was held in Podgorica on 22 April. The Council of Europe contributed to the conference by the participation of the expert from the Committee for the Prevention of Torture (CPT).
Local Self Government
On 7 April, the Ministry of Interior and Public Administration forwarded the Draft Law on Administration Supervision to the CoE office, for appraisal. The Draft Law was translated and forwarded to Strasbourg.
On 29 April, the Project Adviser attended the 8th meeting of the Joint Central Local Commission and followed the discussion on the LSG’s future activities.
Support to Parliamentary Institutions
After agreement with the EC Delegations in Podgorica and Belgrade, the Project “Support to Parliamentary Institutions” was extended until the end of 2009.
On 24 April, the last Steering Committee meeting of the Project was organised in Strasbourg.
Visibility
On 24 April, the SRSG gave an interview for the national TV RTCG 1. Ethnic issues were the focus of the questions.
The SRSG together with the President of the Supreme Court, Vesna Medenica made opening speeches at the Conference on: Reinforcement of ethics within judiciary. The event received wide media coverage.
Mr Vladimir PHILIPOV
Special Representative of the SG
Tel: +382 20 230 819 or +382 20 230 825 - Fax: +382 20 230 176
E-mail: vladimir.philipov@coe.int
Pristina[1]
1. Political and legislative developments
In mid-April, motions were filed before the International Court of Justice on the request for an Advisory Opinion on the "Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo". In addition to the Kosovo authorities, 35 UN member states (including Serbia) filed written statements on the issue.
A ceremony on 6 April marked EULEX’s full operational capacity. A press release emphasised EULEX’s deployment throughout Kosovo territory with no incident.
Towards the end of the month, efforts by Kosovo Albanians to reconstruct their houses, destroyed in 1999, in Brdjani/Kroi I Vitakut in the north were resumed. For several days, approximately 100-150 Serbs gathered to protest the reconstruction, repeatedly breaking through Kosovo Police cordons reportedly with shots being fired prompting EULEX to intervene with the use of teargas and stun grenades. The media reported that the protesters insisted that there be no return unless at the same time Serbs returned to the south.
The discussion on local elections continued throughout the month with President Fatmir Sejdiu quoted saying: “I will start consultations very soon and I will consult all, absolutely all parliamentary parties. We will decide on a date together and this will happen soon”. Meanwhile, the Central Election Commission (CEC) appointment of a chief executive officer of the CEC Secretariat (CECS) has been delayed prompting criticism from the OSCE Head of Mission in Kosovo. Dailies also reported that the OSCE will not organise local elections in Kosovo but will advise and help the CEC.
The Special Court in Belgrade sentenced four of seven accused members of the Serbian police to 68 years in prison for the massacre of 50 Kosovo Albanian civilians in Suhareke/Suva Reka in 1999.
Several police officers (some of them high ranking) were suspended by the General Director of Kosovo Police based on violation of administrative rules and managerial responsibility connected to a theft (of more than 47 kg of heroin) by unknown persons from a KP evidence room.
In response to the annual report of the Kosovo Anti-Corruption Agency (KACA) for the year 2008, which highlighted several corruption issues, Prime Minister Thaci dismissed officials from several ministries.
Serbia's President Boris Tadic visited Decani/Decan monastery in Kosovo on the eve of Orthodox Easter celebrations, following much media attention on the issue of entry of Serb officials to Kosovo. Political parties AAK and ORA opined that this demonstrated the weaknesses of the Kosovo authorities.
The Joint Rule of Law Co-ordination Board, co-chaired by Deputy Prime Minister Hajredin Kuçi and EULEX Chief Yves de Kermabon, met mid-April after which the Minister of Internal Affairs Zenun Pajaziti said that based on the Board’s recommendations, the Government has decided to extend the deadline to all suspended Serb police officers to return to work until 30 June 2009. DPM Kuçi said that the decision should not be considered as a punishment, but as a concrete step to establish a multi-ethnic police service that would work to the benefit of all citizens. De Kermabon said that EULEX supports the Government’s decision and that this issue should be handled in a positive way.
Dailies reported that a Kosovo delegation walked out of a meeting of the Central European Free Trade Agreement (CEFTA) in Podgorica because of the insistence by the Montenegrin authorities that the Kosovo delegation should be represented with an UNMIK logo, instead of a Kosovo logo.
Following the recognition of Kosovo by Gambia and Saudi Arabia, a total of 58 States had recognised Kosovo by the end of the month, out of which 33 are CoE Member States.
2. Council of Europe action
The office was heavily involved in both the preparation and the conduct of the mission of the Advisory Committee on the Framework Convention for National Minorities which took place 27-30 April. Apart from Pristina, the delegation visited Mitrovica, Prizren and Strpce/Shterpce in the company of the HoO and/or the DHoO. The delegation met with representatives of different communities in Kosovo, officials, representatives of international organisations and active NGOs.
From 25-26 April, the Introductory Seminar of the Training in Teaching for Intercultural Understanding component of the Interculturalism and the Bologna Process (IBP), joint Council of Europe and European Commission project was held in Skopje. The seminar was attended by more than 30 very motivated teachers who were nominated by the Ministry of Education, Science and Technology in Pristina to become teacher trainers. The group received the initial information about the modules to be held in the period of the next two years and an on-line platform has been set up in order to facilitate the interaction of the team in between the modules. Teachers/education authorities who implement the curriculum in the Serbian language did not attend, though it had been agreed beforehand, the project will seek assistance to secure participation of the teachers who follow the Serbian curriculum for the next meeting through the relevant Ministry in Belgrade.
Under the IPA 2007 Cultural Heritage workshops linked to the completion of feasibility studies of three sites in Kosovo and a discussion on the preparation of a standards framework for specification writing in line with European codes of practice were held involving a multi-disciplinary mix of professionals from the local institutions for cultural heritage.
3. Other action/co-ordination and co-operation with partner organisations
A Stabilisation and Tracking Mechanism meeting provided a forum for dialogue between the EC and the Kosovo authorities on Innovation (including education, youth and cultural heritage) which was followed by the office.
The HoO and DHoO had meetings with delegations from the EC in Brussels, the OSCE High Commissioner on National Minorities as well as the World Bank office in Brussels to discuss issues of mutual interest and co-operation.
On 17 April, the Interculturalism and Bologna Process (IBP) team attended the launch of the State Higher Education Council. This body has a mandate to advise on the implementation of Higher Education policies in Kosovo.
The HoO participated in the third meeting of the EC sponsored Forum for Technical Information Exchange on Cultural Heritage which focused on cultural heritage in Novo Brdo/Novoberde.
Work on the draft law on the Financial Intelligence Unit (FIU) continued in April, with some disagreements between European and US stakeholders about the future position and functioning of the FIU and specific components of the FIU law, the office continues to follow these developments and participate in working meetings.
4. General Security Situation
No security incident was registered on the RIC sites during the month. Tensions flared in the North over the issue of reconstruction (see above), Kosovo Police and EULEX intervened with tear gas and other means and KFOR increased its presence in tense areas.
Ms Nanna MAGNADOTTIR
Head of Office
Tel: +381 38 243 749 - Fax: +381 38 243 752
E-mail: nanna.magnadottir@coe.int
Tirana
1. Political and legislative developments
Electoral developments
The June 2009 elections are less than two months away and the authorities are faced with the increasingly difficult task of the timely delivery of ID cards to those without valid identification documents. Under the new Electoral Code, in order to be able to vote, voters must present an ID card or passport. The Government puts the figure of those without valid ID cards at 730,000 persons. This figure is disputed by the opposition, which puts it as high as one million people. Tirana and several other major cities have begun distributing the new ID cards, but the process is slow, in particular in rural areas, and among socially vulnerable groups.
The Socialist Party (SP) declared that it would boycott the work of the Parliament until the government removes the payment for ID cards for citizens without a passport. Furthermore, on 20 April, it demanded that effective measures to solve the issue be enacted by the government "immediately" due to time constraint and said that any action beyond this term would be considered a deceit. According to the Socialists, those without a passport tend to belong to the low income voters' bracket, inclined to be their party supporters, and the Government is intentionally delaying the delivery of ID cards to them. The SP stance has fuelled some speculations about the possibility of postponing the election date, which has been rejected by the authorities.
On 28 April, local media reported that experts of Socialist and Democratic Parties had come to an agreement consisting of fixing a preliminary payment for ID cards to 200 ALL (approx. 1,5 EUR) for all voters without a passport prior to elections. At the time of writing of this report, confirmation from the Socialist Party on the agreement has yet to follow. If the agreement is confirmed, far from solving all the issues with the ID cards, it could, however, mark the end of the opposition boycott of the parliament.
On 28 April, the Central Election Commission approved the list of 34 parties, registered as electoral subjects for the June parliamentary elections. 4 parties were denied registration on the grounds of incomplete documentation. According to the Electoral Code, political parties can register as electoral coalitions until 14 May 2009.
European integration
On 28 April, Albania officially presented its request for European Union membership to the Czech Presidency of the EU. Receiving the bid, Czech Prime Minister Mirek Topolanek said "Albania had a long road to travel". The step was welcomed by the opposition, who, however, has warned against using the EU application for electoral campaigning.
The EU has emphasised that it considers the holding of the parliamentary elections in June in a free and fair manner as a key condition for granting the candidate status to Albania.
Judiciary
On 21 April, the Court of Vlora found Himara Mayor Mr Vasil Bollano guilty of abuse of power, sentencing him to 6-months imprisonment in a low-security prison, a fine of 500,000 ALL (approx. €3,800), and stripping him of the right to hold public office for three years. Mr Bollano, was indicted after he ordered the dismantling of all road signs on a section of a national road in Himara arguing that they were not bilingual (Albanian and Greek). The Court ruled that this is a competence of the central government specialised agencies and that the incited road traffic disorder caused financial damage estimated at €170,000.
Mr Bollano, who is, at the same time, head of the ethnic Greek minority organisation “Omonia”, has condemned the ruling as politically motivated. The Party of the Union of Human Rights (the Party of ethnic Greeks) reacted as well, stating that Mr Bollano had acted in full accordance with the CoE Framework Convention of National Minorities.
On 23 April, the Assembly decided, upon the request of the Democratic Party, to initiate a parliamentary investigation against the Tirana Mayor (and leader of the Socialist Party) Edi Rama, concerning alleged fraud in the issuance of the construction permits by Tirana Municipality.
On 23 April, the Assembly lifted the immunity of Mr Nikollaq Neranxi, MP from the Socialist Movement for Integration, who will be investigated over alleged smuggling activities.
Lustration Law
A delegation from the Council of Europe Venice Commission headed by Ms Hanna Suchocka (Polish Minister of Justice and member of the Venice Commission) visited Albania from 27-28 April to discuss issues related to the lustration law. On 27 April, the delegation met with PM Sali Berisha. On 7 May, the Constitutional Court will convene a hearing on the lustration law.
2. Council of Europe action
Within the framework of the EU-Council of Europe Project “Support to the Sustainability of the School of Magistrates of Albania (ASM)”:
23-24 April - Organisation of the “training of trainers” seminar for the trainers of the Albanian School of Magistrates.
23 April - Organisation of the second meeting of the Curriculum Commission with the participation of 6 trainers from the ASM, full-time lecturers, heads of chairs in the initial training and three CoE experts.
30 April - The last Steering Committee of the project was organised on 30 April in the premises of the school.
Within the framework of the Albanian School of Political Studies (ASPS)
8 April - The ASPS organised a seminar with the topic “Decentralisation in Albania: achievements and the way ahead”. The seminar was hosted by the Mayor of Tirana, Edi Rama who presented an overview of the current stage of decentralisation (political, administrative and fiscal) in the country and its impact on local governance. Discussions then focused on local policies in Tirana municipality concerning local public services, local taxes and fees, and the legalisation of informal properties.
21 April - The President of the Republic, H.E Mr Bamir Topi hosted a meeting with ASPS participants. He praised the noticeable progress of ASPS and expressed his highest consideration for this enterprise which provides real added value in training a new generation of political and civil leaders in Albania.
21 April - ASPS 2009 participants attended a seminar organised by the Embassy of Spain and the Ministry of European Integration with the topic “Negotiating European Integration: lessons from the Spanish Experience”. Guest speaker in this event was Mr Raimundo Bassols, former negotiator of Spanish integration into European Communities.
3. Activities of the Information Office
9 April - IOCE director participated as a guest speaker in the public lecture on “Citizens participation and the challenges of democracy” which was held on Thursday, 9 April 2009 at the University of Shkodra “Luigj Gurakuqi”. The event was organised by the European Movement in Albania (EMA) within the project “Encouraging the youth participation in Political Processes”.
The IOCE updated regularly the website, special websites on the campaigns and distributed the monthly e-newsletter to various institutions, NGOs, media etc.
Media work: Daily media monitoring; 47 TV chronicles and references to CoE in Albanian media; work with the media for the distribution of 12 articles, published in the main Albanian newspapers
Translations: 17 news articles for the web; materials for the “Speak out against discrimination” campaign; 12 stories Council of Europe presentation file; Council of Europe campaigns presentation file; Translation of the CoE Human Rights Commissioner’s Newsletter; Translation of the SG article on 60th anniversary.
Assistance to secretariat missions:
Assistance to the organisation of DG-HL seminar on Cybercrime with the General Prosecution Office;
Assistance to the Venice Commission delegation visit to Albania.
Statistics:
|IOCE visitors: 91 |Photocopies: 1000 |
|Requests for information on ECHR: 5 |News translated for the website: 17 |
|Telephone calls: 183 |Press releases: 1 |
|Website hits: 86559 | |
|Disseminated publications in Albanian: |
|”Roma in Europe” to NGOs, education institutions, national library, 450 copies |
|European Convention on Human Rights to Albanian Helsinki Committee, 60 copies |
N.B. The mandate of the Special Adviser of the Council of Europe in Tirana ended on 15 February 2008. Until the appointment of a new Special Adviser, the Secretariat (DG-DPA) is ensuring the interim.
N.N.
Special Adviser
Tel: +355 42 22 84 19 - Fax: +355 42 24 89 40
E-mail:
Kyiv
1. Relevant developments
On 1 April, the Parliament adopted a resolution setting the Presidential elections for 25 October 2009 - 401 MPs voted in favour. The proposal was tabled by Mr G. Moskal from Our Ukraine - National Self-Defence.
On 8 April, the President filed a complaint challenging the above mentioned resolution and the constitutionality of the law on elections of the President of Ukraine provision, establishing that elections are held the last Sunday of October of the 5th year of the tenure of the President.
The President proposed to hold presidential and parliamentary elections on the same day.
On 7 April, the Ministry of Foreign Affairs submitted the Presidential draft amending the Constitution to the Secretariat of the Venice Commission for an opinion.
On 21 April, the Ministry of Justice informed about the request to the Speaker of Verkhovna Rada, to ask the European Commission for Democracy and Rule of Law for an opinion on the new Law on Procuracy. The motive was that the law, adopted on 14 April this year in a first reading, does not substantially differ from most of the articles of the draft Law, which had undergone a critical review by the Venice Commission.
On 24 April, during an extraordinary meeting, the Government adopted a resolution by which a government agent to co-ordinate the government policies for fighting corruption was established. The government agent will i.a. overview Ukraine’s international commitments and ensure the implementation of the GRECO recommendations.
On 28 April, the Minister of Justice in Strasbourg signed the European Convention on Adoption.
2. Council of Europe activities
a) General
The RSG made an introductory address at the opening of the Action Building Europe for and with Children, organised by the International Antiterrorism Unit (IAU).
The RSG Office assisted the PACE Rapporteurs during their fact-finding visit from 5 to 8 April .
The RSG and the IOCE organised jointly with the Institute of International Relations a conference entitled “60th Anniversary of the Council of Europe: Achievements and Perspectives for the Future”.
The DRSG took part as a panelist on issues related to cybercrime and corruption in the Innovation and Growth Forum organised by Microsoft Ukraine and Expert magazine “Expert Ukraine”.
The RSG and the IOCE Director gave an account of the CoE work at a round table on racism and xenophobia arranged by National Security Service of Ukraine (SBU).
The RSG Office assisted the GRECO President during his visit to Ukraine on 24 April.
b) Activities under projects
TRES: Within the framework of the project on Strengthening and Protecting Women’s and Children’s Rights, work was initiated to elaborate an Expert opinion on “Recommendations for a Teacher for the Lesson for secondary Schools on Eradicating Human Trafficking and the Worst Forms of Child Labour in Ukraine”.
Work was also commenced to provide data on social support for families with children in the European countries at the request of the Verkhovna Rada Committee on Social Policy and Labour.
A workshop on "Protection of Gender Equality - Standards and Practice" was organised in Donetsk.
TRES also took part in the Opening of the Action “Building Europe for and with Children” organised by the International Anti-terrorism Unit (IAU) and the Medvin Company.
TRES further took part in the Launch of the project “Gender Equality in the World of Work”.
TEJSU: Within the framework of the EC/CoE Joint Programme on Transparency and Efficiency of the Judicial System of Ukraine, an assessment visit of the CoE experts was organised in order to evaluate pilot projects on computerised case management systems in courts. The experts met with the team of USAID/MCC-UROL project on vision of automation of the courts as well as possible ways of further co-operation.
The experts were presented with software and case management systems currently used by different Ukrainian courts. Further, together with the Supreme Court and the State Court Administration they discussed their vision of further computerisation of the courts.
TEJSU organised an assessment visit of the CoE experts devoted to setting up a system of alternative disputes resolution (ADR) in commercial and administrative matters.
The experts developed a concept proposal for implementation of mediation in four pilot courts. It was approved by the Presidents of four possible pilot courts: the Bila Tserkva City District Court (general jurisdiction court), the Vinnytsya Circuit Administrative Court, the Appeal Administrative Court of Donetsk Region and the Commercial Court of Kyiv.
UPAC: The EC/CoE Joint Project against Corruption organised a Module training on detection, investigation and prosecution of corruption offence.
A round table on “Identification of Corruption Risks” took place in the Ministry of Justice of Ukraine, organised within the UPAC Project, in collaboration with the Embassy of France in Ukraine. Experts of the Central Service of Prevention of Corruption (SCPC) of the Ministry of Justice, Accounting Chamber and Commission of Political Life Transparency, France, made detailed presentations on functioning of these bodies and their role in identification of corruption risks and prevention of corruption. They emphasised some practical issues of their everyday work which were very important for Ukraine in the light of establishing the position of the Government Agent for Anti-Corruption policy.
Furthermore, Ukrainian experts presented the methodologies, the results and the main findings of the system studies conducted in the framework of the UPAC Project with the support of Basel Institute of Governance. These system studies include analysis of the legal framework and practices and are supported by sociological surveys.
During a one day visit, Mr Drago Kos, President of GRECO, met the President, Prime Minister and the Minister of Justice of Ukraine, to discuss the mandate of the Government Agent for Anti-corruption policy, anti-corruption package of (draft) laws and implementation of GRECO recommendations.
A training session “Detection and Investigation of Corruption Offences” was jointly organised with the Academy of Prokuratura of Ukraine and the OECD project “Strengthening the Capacity to Investigate and Prosecute Corruption in Ukraine”. Experts from Basel Institute of Governance conducted training which involved the prosecutors-investigators of the regional prosecutors' offices.
UPAC team supported the organisation of a workshop on "Co-operation between Law Enforcement Agencies and Internet Service Providers against Cybercrime in Ukraine" held on 29 April, within the CoE project on Cybercrime. Participants agreed to establish a working group under the lead of Internet Service Providers to develop guidelines on co-operation between law enforcement bodies and internet service providers. The necessity to amend the Criminal Procedures Code of Ukraine to comply with the Convention on Cybercrime was underlined. Finally, 24/7 points of contact will be soon established under the State Service of Security.
Multilateral Project “Combating Ill-Treatment and Impunity in South Caucasus, Moldova and Ukraine”: In April 2009, the new Project “Combating ill-treatment and impunity” started to be actively implemented in Ukraine. The first mission of Professor Murdoch, the consultant and regional expert of the Project took place between 30 March and 16 April, 2009.
Overall objective(s) of the Project: To develop national capacities for combating ill-treatment and impunity by law enforcement agencies and investigative institutions, including strengthening the effectiveness of investigations of allegations of ill-treatment.
Specific objectives: To improve the regulatory framework and institutional/operational systems for prevention of ill-treatment and effective investigation of complaints, leading to imposition of sanctions, based on European and international human rights norms and standards, and to enable key groups of legal professionals to apply these standards in their daily work.
Partners of the Project: Offices of the Prosecutor’s General, Ministry of Interior, Academies of Justice, Prosecutors’ Training Centres, Police Academies, supervisory, investigative and complaints handling structures, executive, judicial and legislative institutions, Ombudsman institutions, Bar Associations, OPCAT bodies, NGOs.
Between 16-30 April, the analysis of the fact-finding, research and legislative materials was made on the basis of the received information from the visited institutions, and the mission to the regions of Ukraine (Kharkiv, Crimea, Lviv) is in the process of preparation, which will take place between 5-13 May 2009.
Media project: Within the Joint EC/CoE Programme “Promotion of European Standards in the Ukrainian Media Environment” expertises of a draft Law on Access to Public Information generated by the Ukrainian Parliament and of an alternative draft Law on the same topic developed by the Ministry of Justice of Ukraine were conducted.
In an accompanying comparative overview of both drafts, the experts stated that both drafts demonstrated significant efforts to bring the law into line with international standards.
Within the task to assist in drafting a co-ordinated plan for implementing digital broadcasting for Ukraine, the project team in partnership with the Association of Independent Broadcasters held an international conference “Regional and Local TV Channels: Possible Solutions for the Distribution in the Digital Environment”. The event aimed at developing feasible solutions for local broadcasters to survive in the digital environment, through the prism of risks for media pluralism.
77 participants represented a wide spectrum of Ukrainian government institutions. The audience included representatives from Kazakhstan, Kirgizstan, Moldova and Armenia (associations of broadcasters, interagency groups on digital TV development and media NGOs).
Local legal experts affiliated with the Ukrainian chapter of the Helsinki Human Rights Group provided an overview of the European standards for media pluralism. International CoE experts discussed the key indicators to media pluralism. The President of Community Media Forum Europe presented different solutions for local broadcasters in the digital environment in Europe and reinforced the importance of co-ordinating efforts between the industry and government, as well as synergy in the international dimension
To follow up an earlier assessment visit and to discuss the development of a training module on business models for profitability of electronic and print media, a CoE expert took part in a conference of the National Union of Journalists of Ukraine.
With the task of improving co-operation between media, civil society and local government, the Media project organised comprehensive monitoring of the state of the media in 6 pilot cities (Rivne, Chernivtsi, Sumy, Donetsk, Cherkassy and Kherson). The results of the survey would comprise of information about the professional standards of local media as well as the analysis of how they cover the community issues.
Together with project partners Social Partnership Centres (SPCs), a meeting was held in Kherson to identify the topic for public dialogue activities throughout the coming year.
Three local trainers (Mr Oleg Levchenko (for local government), Mr Yegor Sobolev (for media) and Ms Olga Aivazovska (for civil society) coached by Radio Netherlands Training Centre Expert finalised the curriculum for the training cycle on public dialogue to be held for target groups of local government, media and civil society in each of the 6 pilot cities.
MOLI-UA-2: The follow-up project against Money Laundering and Terrorist Financing in Ukraine concluded its implementation by 30 April. A last Steering Committee Meeting was conducted.
3. Activities of the Information Office
The IOCE worked in the framework of the Campaign against sexual exploitation: organisation of production of promo materials.
The IOCE worked in the context of the 60th anniversary of the CoE/50th anniversary of the ECtHR: conducted jointly with the Institute of International Relations of Shevchenko Kyiv National University the International Conference.
The IOCE Director participated in the press conference of the Ukrainian Helsinki Human Rights Union, gave presentations at the Verkhovna Rada Committee on European Integration sitting, “2nd Forum of Young Diplomats” and workshop of Civic League Ukraine-NATO.
The IOCE worked with the students: organised one-week internships for students of the Kyiv International University (20 persons), Kharkiv International Slavonic University (3 persons), Lviv National University (1 person); the IOCE Director made presentations for the members of the “League of Young Diplomats” (17 persons).
The IOCE rendered technical and logistical support to ECRI on the organisation of a round table on 7 May in Kyiv; to the PACE Monitoring Committee during co-rapporteurs visit to Kyiv.
The IOCE launched an Infopoint of CoE documents in the Institute of International Relations of Shevchenko Kyiv National University.
The IOCE carried out preparation work for the participation in the European Days in the Ukrainian cities - Kyiv, Chernigiv, Kryvyi Rig, Ternopil.
Development of “Molodist” Cinema Festival project.
Statistics:
– total number of visitors to the IOCE - 130 persons, including 12 persons wishing to apply to the ECtHR;
– information on enquiries received by e-mail - 18, by telephone - 140;
– CoE publications and promo materials - 367;
– links sent to the CD - 21;
– 13 press releases, 4 issues of “The week in brief”, 2 issues of the Commissioner for Human Rights “Point of View” (extracts) were translated into Ukrainian, posted on the CoE Office website and disseminated to journalists;
– Office website total hits: 1 364 / average hits per day: 106 / average visitors per day: 93 / total visitors: 896
Mr Åke PETERSON
Representative of the SG for the co-ordination of CoE co-operation programmes
E-mail: ake.peterson@coe.int
Ms Natalia VOUTOVA
Deputy Representative of the SG for the co-ordination of CoE co-operation programmes
Tel: +380 44 234 61 40- Fax: +380 44 234 62 10
E-mail: natalia.voutova@coe.int
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[1] All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.
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