12. Finally, other forms of non-physical transnational repression, such as online intimidation andsurveillance, may violate rights such as the right to respect for private life guaranteed by Article 8 of theConvention. The misuse on politically motivated grounds of interstate legal co-operation mechanisms such asanti-money laundering and anti-terror financing measures may result in violations of the right to a fair trialguaranteed by Article 6 of the Convention and the right to property guaranteed by Article 1 of the AdditionalProtocol to the Convention (ETS No. 9). This may in turn lead to financial exclusion of targeted individuals andNGOs and effectively prevent them from conducting their human rights activities and participating in economicand social life.

13. The Assembly therefore considers that the Convention, as interpreted by the Court, provides a robustlegal framework under which acts of transnational repression should be condemned, investigated and, ifappropriate, punished by member States. For non-member States, such as Belarus, or former member Statessuch as the Russian Federation, the Assembly recalls that similar obligations arise under the InternationalCovenant on Civil and Political Rights and the United Nations 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 transnationalrepression is a global phenomenon attacking the foundations of democratic societies and the rule of law, andthat strengthened and more co-ordinated action is needed to prevent and fight it.

15. The Assembly therefore calls on member States as well as other States in Europe that have reportedlyengaged 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 (ETS No. 112) 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 European Court of Human Rights 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 Bülent Keneş, to recognise andrespect the decision of the Swedish Supreme Court and curtail its policy of using its veto on Sweden’smembership to the North Atlantic Treaty Organisation (NATO) as a tool of transnational repression.

17. The Assembly further calls on all member and observer States, and States whose parliament enjoyspartner for democracy with observer or partnership status with the Assembly, to:

17.1. establish an official definition of transnational repression to be used by all government agencies (law enforcement, intelligence services, migration and asylum) and be incorporated in their actions and procedures;

17.2. establish a specific mechanism to report or track domestic incidents of transnational repression occurring within their borders and identify the perpetrator governments;

17.3. review counterintelligence and law enforcement information-sharing practices to ensure that vulnerable individuals receive adequate warning and protection;

17.4. apply additional vetting to extradition requests, Red Notices and other forms of interstate legal assistance, including anti-money laundering and anti-terror financing measures, from the governments that are known to engage in transnational repression or have a track record of frequently misusing Interpol and other co-operation mechanisms;

Resolution 2509 (2023)

II SÉRIE-D — NÚMERO 16_____________________________________________________________________________________________________________

66