The Common Space of Freedom,
Security and Justice
110. Cooperation in the Space of Freedom, Security
and Justice is good, as there is a strong common interest, and
the Russian Minister of Justice, Vladimir Vasilyevich Ustinov,
and Russian Minister of the Interior, General Rashid Nurgaliyev,
as well as the key Presidential Adviser, Mr Viktor Ivanov,
have all been involved. One of the recent fruits of this cooperation
is the respective agreements on visa facilitation and re-admission
which entered into force on 1 June 2007. The visa facilitation
agreement provides for simplified procedures for issuing visas
which will make it easier for citizens to travel between EU countries
and Russia. The readmission agreement concerns the return of Russian,
EU Member State and third country nationals illegally residing
in the territories of the EU Member States or Russia. The Commission
views the obligations set out in this agreement as "an important
tool to prevent and tackle illegal immigration."[58]
Eneko Landaburu, Director-General for External Relations in the
European Commission, said: "… the movement of people
… is another big and important issue … Now we have a
tool, an instrument, in order to co-operate and try to implement
a policy on the mobility of people ... We will need to improve
the provisions of these agreements … Russia is pushing to
have the free movement of people without visas." The Commission
were somewhat reluctant because they had to take into consideration
a number of elements, including security (Q 270).
111. Fighting terrorism and organised crime is
a priority of cooperation in the area of security. The Commission
promotes compliance with international law through political dialogue
and technical assistance, and exchanges of information and best
practice take place at meetings between the EU Counter Terrorism
Coordinator and the Russian Special Presidential Envoy as well
as at expert level. Cooperation also covers the areas of money
laundering, drugs, trafficking in human beings and corruption.
Regarding law enforcement, the EUROPOL-Russia Cooperation Agreement
of 2003 provides for the exchange of strategic information which
helps in the fight against organised crime. The EU and Russia
also cooperate on judicial matters.[59]
The EU supports judicial reform in Russia, notably in areas such
as the training of judges and the modernisation of the court system.
(See paragraph 75 above).
112. In 2005 Russia and the EU agreed to establish
regular human rights consultations. These cover dialogue on human
rights issues in Russia and the EU as well as EU-Russia cooperation
on human rights within international forums. The EU has supported
the development of democracy, the protection of human rights and
civil society in Russia, notably through the European Initiative
for Democracy and Human Rights (EIDHR). The approach of the EU
to these issues is discussed more fully in chapter 7.
113. Three specific questions have arisen which
can be considered under the Second Common Space: Kaliningrad,
ethnic Russians in the Baltic States and extraditions cases between
the UK and Russia.
114. A post-Schengen agreement was negotiated
on transit through Lithuania for Russians travelling to and from
Kalinigrad (See Box 7 below). It came into force in July 2003
and met most of the needs of both parties. It showed that Russia
and the EU could hammer out practical agreements when both sides
had much to gain from success, and much to lose from failure.
It also demonstrated to the Russians, somewhat perhaps to their
surprise, that EU solidarity worked, and that they could no longer
impose their will on their smaller neighbours if the competences
and responsibilities of the European Union were involved. To that
extent it was an encouraging and educational model for the future.[60]
BOX 7
Kaliningrad
The region of Kaliningrad is a Russian exclave in the northern part of what used to be East Prussia. The region was assigned to the Soviet Union after 1945, and its German inhabitants who fled were replaced by Soviet citizens. As long as Lithuania was still part of the Soviet Union, civilian and military traffic from Russia to Kaliningrad passed through Lithuania without constraint.
After Lithuania became independent, visa-free transit of Russian citizens through Lithuania was regulated by bilateral agreement. In 2001, according to Russian figures, the number of crossings through Lithuania between Russia and Kaliningrad was 960,000 by train and 620,000 by car.[61]
As part of its membership of the European Union Lithuania had to apply the Schengen provisions, which involve the abolition of border controls between Member States, and as a corollary to erect them against countries with which they had formerly had bilateral border arrangements. This meant that Russian citizens would in future require a visa to enter or pass through Lithuania. Apart from the practical problems, this became a matter of prestige for the Russians, who expressed much public outrage that they would now need the permission of a foreign state simply to travel to another part of their own country. For their part the Lithuanians feared that their interests would be compromised by the European Union in the interests of maintaining good relations with Russia.
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115. The second case concerns human rights issues
which the Russians raise with the EU. The Russians complain that
the ethnic Russian populations of the Baltic States have been
denied the full rights of citizens. There are good historical
reasons why the presence of large Russian minorities are a very
sensitive matter for the Baltic peoples. The European Union
can help to ensure that ethnic Russians living in the Baltic States
are given equal treatment under both national and EU law. The
EU can help to manage these understandable sensitivities.
116. The third question relates to extradition
which currently affects the UK's relations with Russia directly
because of the cases of Boris Berezovsky and Andrei Luguvoi. Berezovsky
is a wealthy Russian who fled to the UK in 2000 and has publicly
stated his opposition to the Russian regime. The Russian government
has sought his extradition from the UK, but the British Courts
have on several occasions refused this request on the ground that
he would not be guaranteed a fair trial in Russia.
117. The British authorities, for their part,
have requested the extradition of a Russian citizen, Andrei Luguvoi,
who is alleged to have assassinated Alexander Litvinenko in London.
Alexander Litvinenko formerly served in the KGB and then as a
Lieutenant-Colonel in the Federal Security Service (FSB) specialising
in counter-terrorism and infiltrating organised crime. He was
also Boris Berezovsky's bodyguard for a time. Litvinenko was granted
British citizenship in 2006. He met the Russians Andrei Luguvoi
and Dimitry Kovtun in a London restaurant on 1 November 2006 and
died on 23 November from poisoning with the radioactive agent
Polonium-210.
118. The Russian authorities have refused to
extradite Andrei Luguvoi on the basis of article 61 of the Russian
Constitution, which bars the extradition of Russian citizens.
This led to the UK taking a series of measures announced by the
Foreign Secretary in the House of Commons on 16 July 2007, including
the expulsion of four Russian diplomats and other measures, which
were in turn followed by several Russian measures.
119. On 18 July, the EU presidency issued a statement
expressing "disappointment at Russia's failure to cooperate
constructively with the UK authorities" and urging "urgent
and constructive cooperation by the Russian Federation on this
matter … which raises important questions of common interest
to EU Member States".
120. We welcome the solidarity that the EU
has shown with the UK on the question of the extradition of Andrei
Luguvoi.
121. In the last few years, progress has been
made in several areas of EU-Russia cooperation on justice and
home affairs issues. However, serious questions remain about the
commitment of the Russian authorities to the rule of law and the
independence of the judiciary, especially in politically sensitive
cases. The EU should continue in its efforts to promote Council
of Europe, OSCE and other relevant standards with regard to the
rule of law, the independence of the judiciary, and judicial processes
in Russia. These are standards which Russia has accepted and is
committed to upholding.
The Fourth Common Space: Research
and Education, including Culture
122. The EU and Russia have agreed as part of
the Common Space on Research and Education, including Culture,
to build stronger ties in this field. Russia is the most successful
country in taking up the possibilities of research cooperation
with the EU: there are currently 220 projects worth some €2.3
billion, to which the Russians have contributed. This reflects
the work currently going on in the framework of this Common Space.
Michael Davenport of the Foreign and Commonwealth Office said
that cultural exchanges and language teaching were very important
areas for cooperation with Russia, though he pointed out that
the teaching of Russian language, literature and culture in the
UK has "collapsed" (QQ 32-34). This is a pity as,
according to Professor Lieven (King's College, London), the
Russians are obsessed by the notion that Russian has to remain
an international language. He thought there was a "reasonable
chance" that the Russian language would remain "the
biggest medium of exchange, discourse, business, culture, between
the states of the former Soviet Union" (Q 201).
123. Sir Roderic Lyne, formerly British
Ambassador to Russia, echoed Michael Davenport's views with regards
to the importance of education and cultural exchanges: "I
think a lot of the EU's effort in Russia should be put into areas
relating to education, and I have always argued that in discussions
with the EU, because I really do think that investing in the next
generation in Russia is probably the most helpful thing we can
do" (Q 143). A concurrent opinion was expressed by Charles
Grant, Director of the Centre for European Reform: "I believe
that the EU Erasmus Mundus programme does have links with Russian
universities but I am quite sure that it should do much more […]
I agree with [Sir Roderic Lyne] that the more contact we
can establish with younger people the better" (Q 143).
124. However, the positive atmosphere on cultural
issues generally has been marred by the dispute that arose between
the UK and Russia, regarding the legal basis for the operations
of the British Council in Russia. The position of the Russian
government is that the activities of the British Council lack
a proper legal basis although Ambassador Fedotov confirmed that
the Russian government does not have any concerns about what the
British Council is doing in Russia (Q 422). According to
the British Government, the assertion about the lack of legal
basis of the Council's operation is simply untrue and they characterise
Russia's action against the British Council offices and staff
in St Petersburg and Ekaterinburg as "illegal" (written
evidence, Jim Murphy letter of 18 February 2008).
125. The issue is apparently being used as a
negotiating chip by the Russian government, which has sought to
link it to other issues, a move which the UK Government has strongly
resisted (written evidence, Jim Murphy letter of 18 February 2008).
On 21 December 2007 the EU declared its support for the British
position by issuing a Declaration expressing its concern and urging
the Russian authorities to "revisit their decision concerning
the closing down of the offices of the British Council …"[62]
Other bilateral cultural institutions of EU Member States have
not been affected.
126. We deplore the attacks on the British
Council and its staff and consider that they are not motivated
by its activities, but are a part of a wider political strategy
to pressurise the UK and the EU into giving ground on other, unrelated
issues. Russia's approach is unacceptable and violates several
bilateral and multilateral agreements that Russia has ratified.
It is moreover not consistent with a desire to make genuine progress
under the Fourth Common Space. The Russian position that this
is a purely bilateral matter between them and the UK is neither
convincing nor sustainable. The EU should continue to support
British efforts to find an early solution over the status of the
British Council.
127. We welcome the efforts by the EU and
Russia to further research cooperation under the Fourth Common
Space. The European Union should continue actively to facilitate
all forms of contact with the Russian people, including the provision
of scholarships and exchanges and the further simplification of
visa procedures for students. EU Member States, and in particular
the UK, should encourage the teaching of the Russian language
in its schools and universities.
52 In March 2008 the European Commission services published
a progress report on the implementation of the EU-Russia Common
Spaces for 2007. It covers the Common Spaces on 'Trade and Economic
cooperation'; 'Freedom, Security and Justice', and 'Research,
Education and Culture'. The Common Space of 'External Security'
concerns principally matters relating to the Common Foreign Security
Policy (CFSP) and is not covered by the progress report. Back
53
The Foreign Minister of the EU Member State holding the rotating
presidency, the High Representative for CFSP and the Commissioner
for External Relations. Back
54
Launched by the European Community in 1991, the Tacis Programme
provides grant-financed technical assistance to 12 countries of
Eastern Europe and Central Asia and mainly aims at enhancing the
transition process in these countries. Back
55
European Commission, "The European Union and Russia: Close
Neighbours, Global Players, Strategic Partners", DG External
Relations, Brussels, 2007. Back
56
Commission document on EU-Russia Relations (at http://ec.europa.eu/external_relations/russia/intro/index.htm.) Back
57
Meetings, Messrs Yegor Gaidar, Vladimir Mau and Yevgeni Primakov,
Moscow, 12 December 2007, see Appendix 4. Back
58
Op. cit. p.14. Back
59
European Commission, "The European Union and Russia: Close
Neighbours, Global Players, Strategic Partners", DG External
Relations, Brussels, 2007, p.15. Back
60
Article, Centre for European Policy Studies, Kaliningrad's
Borders and Transit to Mainland Russia, 19 February 2007,
at http://enarpri.org/Article.php?article_id=264; Article, Transit
to/from Kaliningrad Region, http://www.euro.lt/en/lithuanias-membership-in-the-eu/transit-from-to-kaliningrad-region/. Back
61
Centre for European Policy Studies, Kaliningrad's Borders and
Transit to Mainland Russia: Practicalities and Remaining Bottlenecks,
February 2005, http://enarpri.org/Article.php?article_id=264 Back
62
Declaration issued by the rotating Presidency of the European
Union, Brussels, 21 December 2007, doc. 16847/07. Back
