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(“the Court”) found in 2021 that the Russian Federation was responsible for the violation of his right to life
under Article 2 of the European Convention on Human Rights (“the Convention”), after having established that
the two persons who poisoned him in the United Kingdom were Russian agents. Furthermore, there is strong
evidence connecting attacks and killings targeting Chechen dissidents living abroad to the Chechen Republic
and its head, Ramzan Kadyrov.
4.
The Assembly is also concerned about the fate of anti-war protesters and those fleeing forced military
service in the Russian Federation, in the context of Russia’s war of aggression against Ukraine and the wave
of increasing repression within its borders. These people fleeing Russia may become new targets of Russian
transnational repression, particularly if they are unable to resettle safely or face obstacles applying for asylum
in other countries.
5.
The Assembly is also extremely worried about Belarus. The diversion and forced landing in Minsk of
Ryanair flight 4978 on 23 May 2021 to arrest journalist and opposition activist Roman Protasevich and his
companion Sofia Sapega, using a false bomb threat, should be condemned as a particularly heinous form of
transnational repression akin to air piracy. Belarus was reportedly responsible for 31 per cent of the
transnational repression incidents recorded in 2021. Some of the opposition leaders and protesters who fled
Belarus following Alexander Lukashenko’s fraudulent re-election in 2020, particularly those who fled to Russia,
were subject to unlawful deportations or renditions to Belarus, which shows how Russia facilitated Belarus’
campaign of transnational repression.
6.
The Assembly is concerned about the fact that Türkiye has also used some of the tools of transnational
repression, particularly following the coup attempt of July 2016 and its consistent policy of pursuing amongst
others anyone allegedly related to the “Gülen movement”, which is referred to as the “Fetullahist Terrorist
Organisation (FETÖ)” by the Turkish authorities. The Turkish campaign has been found to rely on renditions,
abuse of extradition proceedings,Interpol Red Notices,anti-terror financing measures, and co-opting other
States to deport or transfer persons unlawfully. In this respect, the European Court of Human Rights found
that in 2018 the Republic of Moldova had illegally transferred seven teachers of Turkish nationality to Türkiye,
circumventing all guarantees offered by domestic and international law and therefore breaching their right to
liberty guaranteed by Article 5. 1 of the Convention. Similar findings have been made by the United Nations
Working Group on Arbitrary Detention regarding transfers from other territories, including outside Europe.
Turkish government critics and journalists living in other member States have reportedly faced threats and
intimidation, sometimes requiring police protection by the authorities of the host State.
7.
The Assembly further notes that Azerbaijan has also been accused of using certain transnational
repression techniques such as renditions and cross-border abductions, mainly against journalists. Some
Azerbaijani journalists and opposition activists living abroad have reportedly been subject to threats and
assaults. The European Court has recently found Azerbaijan responsible for an extra-legal transfer to Türkiye
in circumvention of domestic and international law safeguards.
8.
The Assembly condemns all forms and practices of transnational repression, including those directly
performed by an origin state outside its borders and those where an origin state co-opts other states to act
unlawfully against a targeted person in their own territory. It considers that these practices not only violate
numerous non-derogable and fundamental human rights of the individuals targeted but are also a threat to the
rule of law, democracy and national security of the states where those individuals live and have found refuge.
Acts of transnational repression that are performed by member States and those that occur or have effects in
their territories undermine the values and principles which the Council of Europe stands for.
9.
The Assembly considers that acts of transnational repression constitute breaches of international human
rights law, first and foremost of the Convention. It recalls that the Convention applies to extra-territorial
violations and that targeted violations of the human rights of an individual by one Contracting State in the
territory of another Contracting State undermine the effectiveness of the Convention both as a guardian of
human rights and as a guarantor of peace, stability and the rule of law in Europe.
10. This also applies to extra-territorial violations perpetrated by a member State outside the Convention
legal space. Extra-judicial killings, assaults, enforced disappearances, forced renditions and abductions
violate Articles 2 (right to life), 3 (prohibition of torture) and 5 (right to liberty) of the Convention. Procedural
obligations to investigate and punish the authors of such violations may arise with regard to the perpetrator
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