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Committee on the Human Rights of Parliamentarians Committee on the Human Rights of Parliamentarians Resolutions adopted by the Governing Council of the Inter-Parliamentary Union at its 194 th session (Geneva, 20 March 2014) CONTENTS Page AFRICA Burundi BDI/01 Sylvestre Mfayokurera BDI/02 Norbert Ndihokubwayo BDI/05 Innocent Ndikumana BDI/06 Gérard Gahungu BDI/07 Liliane Ntamutumba (Ms.) BDI/29 Paul Sirahenda BDI/35 Gabriel Gisabwamana BDI/60 Jean Bosco Rutagengwa BDI/42 Pasteur Mpawenayo BDI/44 Hussein Radjabu BDI/57 Gérard Nkurunziza BDI/59 Deo Nshirimana ......................................................... 1 Cameroon CM/01 Dieudonné Ambassa Zang ........................................ 4 Chad CHD/06 Saleh Kebzabo CHD/07 Mahamat Saleh Makki CHD/08 Mahamat Malloum Kadre CHD/09 Routouang Yoma Golom CHD/10 Gali Ngothe Gatta ...................................................... 7 Democratic Republic of the Congo DRC/32 Pierre Jacques Chalupa ............................................ 9 DRC/71 Eugène Diomi Ndongala ............................................ 11 DRC/72 Dieudonne Bakungu Mythondeke ............................. 14 DRC/81 Muhindo Nzangi ......................................................... 17 - ii - Page Zambia ZM/01 - Michael Kaingu ZM/10 - Lt. Gen. Ronnie Shikapwasha ZM/02 - Jack Mwiimbu ZM/11 - Maxwell Mwale ZM/03 - Garry Nkombo ZM/12 - Kenneth Konga ZM/04 - Request Mutanga ZM/13 - Annie Chungu (Ms.) ZM/05 - Boyd Hamusonde ZM/14 - Howard Kunda ZM/06 - Moono Lubezhi (Ms.) ZM/15 - Michael Katambo ZM/07 - Dora Siliya (Ms.) ZM/16 - James Chishiba ZM/08 - Mwalimu Simfukwe ZM/17 - Hastings Sililo ZM/09 - Sarah Sayifwanda (Ms.) ZM/18 - Lucky Mulusa .................................................................................................................................... 19 Zimbabwe ZBW/20 Job Sikhala ZBW/27 Paul Madzore ZBW/44 Nelson Chamisa ...................................................................................... 23 AMERICAS Colombia CO/01 Pedro Nel Jiménez Obando CO/02 Leonardo Posada Pedraza CO/03 Octavio Vargas Cuéllar CO/04 Pedro Luis Valencia CO/06 Bernardo Jaramillo Ossa CO/08 Manuel Cepeda Vargas .......................................................................... 26 CO/07 Luis Carlos Galán Sarmiento .................................................................. 28 CO/146 Iván Cepeda Castro CO/147 Alexander López CO/148 Jorge Enrique Robledo CO/149 Guillermo Alfonso Jaramillo CO/150 Wilson Árias Castillo ............................................................................... 30 Ecuador EC/02 Jaime Ricaurte Hurtado González EC/03 Pablo Vicente Tapia Farinango ................................................................ 33 Venezuela VEN/10 Biagio Pilieri VEN/11 José Sánchez Montiel VEN/12 Hernán Claret Alemán VEN/13 Richard Blanco Cabrera VEN/14 Richard Mardo VEN/15 Gustavo Marcano VEN/16 Julio Borges VEN/17 Juan Carlos Caldera VEN/18 María Corina Machado (Ms.) VEN/19 Nora Bracho (Ms.) VEN/20 Ismael García VEN/21 Eduardo Gómez Sigala VEN/22 William Dávila VEN/23 María Mercedes Aranguren (Ms.) ........................................................... 35 - iii - Page ASIA Iraq IQ/60 Harith Al-Obaidi ....................................................................................... 39 IQ/62 Ahmed Jamil Salman Al-Alwani .............................................................. 40 Malaysia MAL/15 Anwar Ibrahim ......................................................................................... 43 MAL/20 Karpal Singh ........................................................................................... 47 Pakistan PAK/23 Riaz Fatyana ........................................................................................... 50 Palestine/Israel PAL/02 Marwan Barghouti ................................................................................... 52 PAL/05 Ahmad Sa’adat ....................................................................................... 54 PAL/18 Yaser Mansour PAL/21 Emad Nofal PAL/28 Muhammad Abu-Teir PAL/29 Ahmad Attoun PAL/30 Muhammad Totah PAL/32 Basim Al-Zarrer PAL/35 Mohamed Ismail Al-Tal PAL/47 Hatem Qfeisheh PAL/48 Mahmoud Al-Ramahi PAL/57 Hasan Yousef PAL/60 Ahmad Mubarak ...................................................................................... 56 EUROPE Turkey TK/41 Hatip Dicle TK/67 Mustafa Balbay TK/68 Mehmet Haberal TK/69 Gülser Yildirim TK/70 Selma Irmak TK/71 Faysal Sariyildiz TK/72 Ibrahim Ayhan TK/73 Kemal Aktas TK/74 Engin Alan TK/55 Mehmet Sinçar ................................................................................................. 60 Burundi BDI/01 - Sylvestre Mfayokurera BDI/07 - Liliane Ntamutumba (Ms.) BDI/02 - Norbert Ndihokubwayo BDI/29 - Paul Sirahenda BDI/05 - Innocent Ndikumana BDI/35 - Gabriel Gisabwamana BDI/06 - Gérard Gahungu BDI/60 - Jean Bosco Rutagengwa BDI/42 - Pasteur Mpawenayo BDI/44 - Hussein Radjabu BDI/57 - Gérard Nkurunziza BDI/59 - Deo Nshirimana Resolution adopted unanimously by the IPU Governing Council at its 194 th session (Geneva, 20 March 2014) The Governing Council of the Inter-Parliamentary Union, Referring to its examination of the cases of the above-mentioned Burundian parliamentarians and to the resolution it adopted at its 193 rd session (October 2013), Considering the report (CL/193/11(b)-R.1) on the visit conducted by the President of the Committee on the Human Rights of Parliamentarians to Burundi from 17 to 20 June 2013, Considering the letter from the Speaker of the National Assembly dated 28 November 2013 providing his observations on the report of the visit of the President of the Committee, as well as that forwarded on 17 March 2014, Recalling that the cases, which the Committee has been examining for many years, concern: - The assassinations of six members of the National Assembly between 1994 and 2000, namely Mr. Sylvestre Mfayokurera (September 1994), Mr. Innocent Ndikumana (January 1996), Ms. Liliane Ntamutumba and Mr. Gérard Gahungu (July 1996), Mr. Paul Sirahenda (September 1997), and Mr. Gabriel Gisabwamana (January 2000), the assassination in 2002 of Mr. Jean Bosco Rutagengwa and two assassination attempts on Mr. Norbert Ndihokubwayo (September 1994 and December 1995), all of which remain unpunished to date; - Criminal proceedings brought against Mr. Hussein Radjabu, Mr. Pasteur Mpawenayo, Mr. Gérard Nkurunziza and Mr. Déo Nshirimana, all of whom belonged to the dissident wing of the CNDD-FDD led by Mr. Radjabu (who was ousted on 7 February 2007 from the CNDD-FDD party leadership), all of whom lost their seats in parliament following the Constitutional Court ruling of 5 June 2007 declaring them to be sitting unconstitutionally, and whose judicial situation is currently as follows: - Mr. Radjabu is serving a 13-year prison term for conspiracy against State security; - Mr. Mpawenayo was arrested in July 2008 and accused of being Mr. Radjabu’s accomplice and of having co-chaired the meeting at which the acts of which he and Mr. Radjabu were accused are alleged to have occurred; he was acquitted by the Supreme Court judicial chamber at the end of May 2012 and subsequently released; the public prosecutor lodged an appeal; - Mr. Nshirimana, who was arrested in October 2010 by agents of the National Intelligence Service (SNR), was charged with plotting against the State and incitement to disobedience; the Supreme Court acquitted him on 26 November 2012; he was released after having been detained on remand for almost the entire the maximum sentence to which he was liable; the public prosecutor lodged an appeal; - Mr. Nkurunziza was arrested in July 2008 and accused of having distributed weapons in his province, Kirundo, for a rebellion against the authority of the State; the proceedings have been marked by numerous delays and the lawfulness of Mr. Nkurunziza’s detention has never been considered by a judge, despite the trial going on for over five years; the Supreme Court heard and adjourned to deliberate - 2 - the case in May 2012 but, instead of ruling on the case, the Supreme Court decided on 30 September 2013 to re-open proceedings, Recalling that the Burundian authorities consider that the cases of the assassinated parliamentarians should be dealt with by the Truth and Reconciliation Committee (TRC), once established, given their complexity and political nature; the process to set up the TRC has been marred by repeated delays for over 10 years; draft legislation was submitted by the Government to the National Assembly in early 2013; several of the draft legislation’s provisions, including on the composition and independence of the TRC and victim protection, have raised serious concerns among the international community and civil society, Considering that, in the aforementioned two communications, the Speaker of the National Assembly of Burundi noted that, with regard to the setting up of the TRC, the criticisms of the content of the draft legislation were not relevant to the status of progress in that process, since the content of legislation to be adopted by the National Assembly could not be anticipated; that setting up the TRC was a delicate political process, requiring consultation with the various political and social actors in order to encourage consensus, and stated that the National Assembly would exercise due diligence to ensure its establishment; he called for patience and emphasized that each step was important and should be recognized and supported as such to ensure the country had a consensual TRC that met the expectations of its citizens in all
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