AS/Jur (2023) 17 State, the host State, or both. In addition, there is a duty of cooperation between member States in transnational cases involving serious breaches of human rights. 11. The Assembly recalls that host States have a positive obligation to protect individuals within their jurisdiction from acts of transnational repression, by providing specific protection to identified targets in case of real and immediate risks, and by not conniving in violations committed by foreign agents on their territory. Host States also have the obligation, in accordance with the principles of non-refoulement and legality, not to render, transfer, deport or extradite persons vulnerable to transnational repression, including through the use of extra-legal channels, particularly if there is a real risk of a violation of one of the core Convention rights by the requesting State. 12. Finally, other forms of non-physical transnational repression, such as online intimidation and surveillance, may violate rights such as the right to respect for private life guaranteed by Article 8 of the Convention. The misuse on politically motivated grounds of interstate legal cooperation mechanisms such as anti-money laundering and anti-terror financing measures may result in violations of the right to a fair trial guaranteed by Article 6 of the Convention and the right to property guaranteed by Article 1 of Protocol No. 1 to the Convention. This may in turn lead to financial exclusion of targeted individuals and NGOs and effectively preventing them from conducting their human rights activities and participating in economic and social life. 13. The Assembly therefore considers that the Convention, as interpreted by the Court, provides a robust legal framework under which acts of transnational repression should be condemned, investigated and, if appropriate, punished by member States. For non-member States, such as Belarus, or former member States such as Russia, the Assembly recalls that similar obligations arise under the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which they are both parties. 14. The Council of Europe and its member and observer States should recognise that transnational repression is a global phenomenon attacking the foundations of democratic societies and the rule of law, and that strengthened and more coordinated action to prevent and fight it is needed. 15. The Assembly therefore calls on member States as well as other States in Europe that have reportedly engaged in transnational repression to: 15.1. carry out an effective investigation into all allegations of acts of transnational repression, particularly those concerning violations of the right to life, the prohibition of torture and the right to liberty such as killings, assassinations, enforced disappearances, assaults, ill-treatment, forced renditions, abductions and extra-legal transfers, and where appropriate, bring to justice those responsible for such acts, including any high-ranking officials; 15.2. in case of extra-legal transfers, including renditions, to obtain information from the requesting State on the situation of the individual concerned and envisage the possible application of the Council of Europe Convention on the Transfer of Sentenced Persons or other treaties, which could permit the return of the individual in case of conviction; 15.3. ensure that victims of transnational repression receive adequate reparation for the harm suffered, including rehabilitation and compensation; 15.4. reinforce oversight and accountability mechanisms over the actions and powers of intelligence agencies and send a message from the highest political level of zero tolerance towards extra-legal transfers, renditions, abductions, and other serious forms of transnational repression; 15.5. as regards member States and the Russian Federation, execute the judgments of the Court in which acts of transnational repression have been found to breach the Convention, by taking the necessary individual and general measures under the supervision of the Committee of Ministers. 16. The Assembly specifically calls upon Türkiye to end its intimidation of Dr Bülent Kenes, to recognise and respect the decision of the Swedish Supreme Court and curtail its policy of using its veto on NATO membership as a tool of transnational repression. 17. The Assembly further calls on all member and observer States, as well as those with observer or partnership status with the Assembly, to: 3

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