AS/Jur (2023) 17
procedures to issue warnings and assign police protection to vulnerable or targeted individuals. They should
also take into account the record of transnational repression of origin States when deciding on asylum
applications.
79. Within the Council of Europe, the Assembly should invite the competent bodies, first of all the European
Court of Human Rights, but also the Commissioner for Human Rights, to pay specific attention to the current
trends and practices of transnational repression occurring in member States, including when they originate
from non-member States. The Court should fully apply and develop its case-law on extraterritorial jurisdiction
to cover all possible acts of transnational repression having their origin or producing their effects in member
States. There cannot be any impunity gap for transnational repression committed within the Convention legal
space and attacking the foundations of democratic societies and the rule of law. The Commissioner should
take into account the transnational repression angle when engaging with human rights defenders and civil
society, including exiles from Russia and Belarus. 98 The Assembly’s General Rapporteur on human rights
defenders should follow the same approach and address the specific threats faced by Russian and Belarusian
human rights defenders relocated or seeking asylum in member States.
80. Finally, the Assembly should invite the Committee of Ministers to include this important topic on its
agenda, with a view to reviewing and adapting the existing recommendations and guidelines (e.g Guidelines
of the Committee of Ministers of the Council of Europe on eradicating impunity for serious human rights
violations (2011)) and drafting a new recommendation to member States focussed on the fight against
transnational repression. The Committee of Ministers, when supervising the execution of the Court’s judgments
featuring transnational repression, should underline the requirement of individual accountability of the
perpetrators, and call on the States concerned to adopt general measures to prevent these practices in future.
98
See for example: https://www.coe.int/en/web/commissioner/-/support-russian-and-belarusian-civil-societies-andhuman-rights-defenders?redirect=%2Fen%2Fweb%2Fcommissioner%2Fhuman-rights-defenders.
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