Dansk Interparlamentarisk Gruppes bestyrelse 2022-23 (2. samling)
IPU Alm.del Bilag 6
Offentligt
2681422_0001.png
146th IPU Assembly
Manama (11–15 March 2023)
Governing Council
Item 14(c)
CL/211/14(c)-R.2
Manama, 15 March 2023
Committee on the Human Rights of
Parliamentarians
Decision adopted by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
CONTENTS
Page
•
•
•
•
•
•
•
•
•
Cambodia:
38 parliamentarians
Decision ..............................................................................................................
Democratic Republic of the Congo:
Mr. Niango Munshemvula Papy
Decision ..............................................................................................................
Democratic Republic of the Congo:
Two parliamentarians
Decision ..............................................................................................................
Eswatini:
Three parliamentarians
Decision ..............................................................................................................
Iraq:
Mr. Ahmed Jamil Salman Al-Alwani
Decision ..............................................................................................................
Libya:
Ms. Seham Sergiwa
Decision ..............................................................................................................
Pakistan:
Mr. Muhammad Ali Wazir
Decision ...............................................................................................................
Senegal:
Mr. Khalifa Ababacar Sall
Decision ...............................................................................................................
Senegal:
Mr. Ousmane Sonko
Decision ...............................................................................................................
Somalia:
Ms. Amina Mohamed Abdi
Decision ...............................................................................................................
1
5
8
11
15
18
22
25
27
30
#IPU146
E
•
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2022
- ii -
•
•
•
•
Uganda:
Two parliamentarians
Decision ..............................................................................................................
Uganda:
Ms. Betty Nambooze
Decision ..............................................................................................................
Uganda:
Ms. Anna Adeke Ebaju
Decision ..............................................................................................................
Venezuela:
135 parliamentarians
Decision ..............................................................................................................
32
35
37
39
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0003.png
-1-
CL/211/14(c)-R.2
Manama, 15 March 2023
Cambodia
Decision adopted by consensus by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
1
Former Cambodia National Rescue Party (CNRP) leader Kem Sokha arrives at
the Phnom Penh municipal court for his trial in Phnom Penh on 22 January
2020. TANG CHHIN Sothy/AFP
KHM-48 - Mu Sochua (Ms.)
KHM-49 - Keo Phirum
KHM-50 - Ho Van
KHM-51 - Long Ry
KHM-52 - Nut Romdoul
KHM-53 - Men Sothavarin
KHM-56 - Kong Sophea
KHM-57 - Nhay Chamroeun
KHM-58 - Sam Rainsy
KHM-59- Um Sam Am
KHM-60 - Kem Sokha
KHM-62 - Chea Poch
KHM-65 - Dam Sithik
KHM-66 - Dang Chamreun
KHM-67 - Eng Chhai Eang
KHM-68 - Heng Danaro
KHM-69 - Ke Sovannroth (Ms.)
KHM-72 - Khy Vanndeth
KHM-73 - Kimsour Phirith
KHM-76 - Ky Wandara
KHM-78 - Lim Bun Sidareth
KHM-79 - Lim Kimya
KHM-80 - Long Botta
KHM-82 - Mao Monyvann
KHM-83 - Ngim Nheng
KHM-84 - Ngor Kim Cheang
KHM-86 - Ou Chanrith
KHM-87 - Pin Ratana
KHM-90 - Sok Umsea
KHM-91 - Son Chhay
KHM-92 - Suon Rida
KHM-93 - Te Chanmony (Ms.)
KHM-94 - Tioulong Saumura (Ms.)
KHM-95 - Tok Vanchan
KHM-96 - Tuon Yokda
KHM-99 - Vann Narith
KHM-101 - Yim Sovann
KHM-102 - Yun Tharo
1
The delegation of Cambodia expressed its reservations regarding the decision.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0004.png
CL/211/14(c)-R.2
Manama, 15 March 2023
Alleged human rights violations
A.
-2-
Violation of freedom of opinion and expression
Violation of freedom of assembly and association
Abusive revocation of the parliamentary mandate
Lack of due process at the investigation stage
Lack of fair trial proceedings and excessive delays
Failure to respect parliamentary immunity
Violation of freedom of movement
Threats, acts of intimidation
Torture, ill-treatment and other acts of violence
Impunity
Arbitrary arrest and detention
Inhumane conditions of detention
Summary of the case
Case KHM-Coll-03
Cambodia:
Parliament affiliated to the IPU
Victims:
38 former opposition
parliamentarians (34 male and four female)
Qualified complainant(s):
Section I.(1)(c)
of the Committee Procedure (Annex I)
Submission of complaint:
November 2011
Recent IPU decision:
October 2022
IPU mission:
February 2016
Recent Committee hearing:
Hearings with
the Cambodia delegation to the 146
th
IPU
Assembly (March 2023)
Recent follow-up:
On 16 November 2017, the Supreme Court dissolved the
- Communication from the authorities:
sole opposition party in Cambodia, the Cambodian National
Letter from the Secretary General of the
Rescue Party (CNRP). It also banned 118 CNRP members
National Assembly (March 2023)
(including all 55 CNRP members of the National Assembly)
- Communication from the complainant:
from political life for five years with no possibility of appeal.
September 2022
Their parliamentary mandates were immediately revoked,
- Communication to the authorities: Letter
to the Secretary General of the National
and their seats reallocated to non-elected political parties
Assembly (March 2023)
allegedly aligned to the ruling party. The Supreme Court
- Communication to the complainant:
decision was based on charges of conspiracy with a foreign
March 2023
country to overthrow the legitimate government brought
against the President of the CNRP, Mr. Kem Sokha.
Seventeen former parliamentarians subsequently fled Cambodia and went into exile. The dissolution of
the CNRP left the ruling Cambodian People’s Party (CPP) – and Prime Minister Hun Sen – with no
viable challengers in the February and July 2018 elections to the Senate and National Assembly.
The dissolution of the CNRP took place against the backdrop of long-standing and repeated threats
and groundless criminal charges against its members of parliament. They had been repeatedly
warned by the Prime Minister that their only choice was to join the ruling party or be prepared for the
dissolution and ban of their party.
Mr. Kem Sokha, who became CNRP Acting President after its President, Mr. Sam Rainsy, went into
exile in 2015, is accused of attempting to topple the Government on the basis of a 2013 speech he made
on television in which he called for peaceful political change in Cambodia, without at any point inciting
violence or hatred or uttering defamatory words. Mr. Kem Sokha, who is currently on bail, faces a
30-year prison term on treason charges and is reportedly banned from taking part in political life, as well
as from leaving Cambodia. Mr. Kem Sokha’s trial began in January 2020, but was suspended in March
2020 and resumed only in January 2022. On 3 March 2023, the Phnom Penh Municipal Court found him
guilty of treason and sentenced him to a 27-year prison sentence to be served in the form of house
arrest, and indefinitely suspended his political rights to vote and to stand for election.
Seventeen other parliamentarians, who have all been forced into exile abroad, had previously been
sentenced in one or more of the following mass trials against CNRP members in the last two years:
Ruling of 14 June 2022 – plotting and incitement:
This ruling concerns 60 CNRP politicians and
supporters,
including 12 former CNRP leaders who were convicted
in absentia
on charges of plotting
and incitement and were handed prison sentences of eight years.
This case relates to Mr. Rainsy’s
failed attempt to return to Cambodia in November 2019 and the alleged plan to gather supporters both
in the country and overseas
to accompany him, as well as the establishment of the Cambodia National
Rescue Movement abroad. The evidence mostly comprised Facebook posts expressing support for
the former opposition party or democratic principles. No clear links were apparently made between the
admitted evidence, each individual defendant and each element of the charges, and the judge
reportedly failed to provide any reasoning in the decision.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
-3-
CL/211/14(c)-R.2
Manama, 15 March 2023
Ruling of 17 March 2022 on charges of plotting, incitement and inciting military personnel to
disobedience:
This ruling concerns 21 senior CNRP leaders, including seven CNRP
parliamentarians, as well as their supporters. The trial covered multiple issues, including the formation
of the overseas Cambodia National Rescue Movement in 2018 and critical comments made by former
CNRP officials about the COVID-19 pandemic. In court, several accused recanted their prior
testimonies, alleging they were given under duress. The seven parliamentarians
were found guilty of
the charges and sentenced
in absentia
to 10 years in prison.
Ruling of 1 March 2021 – plotting and incitement:
The case concerns nine CNRP leaders, all
CNRP parliamentarians, who were found guilty of carrying out an attack against Cambodian
institutions or territorial integrity,
with the Prosecution accusing the group of an attempted coup as it
presented evidence of speeches about raising funds to support defecting soldiers. The members of
parliament were sentenced
in absentia
to 20 to 25 years in prison and stripped of their right to vote,
stand for election or be a public official, and were ordered to pay a sizeable fine.
With regard to these trials, the United Nations (UN) Special Rapporteur on the human rights situation
in Cambodia, in his report of 18 August 2022 (A/HRC/51/66), stated that: “Mass
trials, particularly of
individuals from the main opposition party and those seen to be antithetical to the dominant power
base, have caused great concern and stifled the possibility of political pluralism […] Irregularities
inherent in these trials include the lack of credible evidence, failings concerning respect for fair trial
rights and due process guarantees, and the fact that several of the so-called accused are being tried
in absentia
in breach of human rights guarantees”.
With regard to the independence and transparency of the judiciary and prosecutors, the Special
Rapporteur stated in the same report that, “This is a long-standing issue referred to decades ago in
earlier United Nations resolutions on Cambodia. There is a more recent turn, however, in that some
judicial and related personnel have close links with the political party in power; for instance, they might
sit on various key committees of the party”.
Among a series of recommendations, the Special Rapporteur suggested that the Cambodian
authorities “open up the political and civil space in preparation for the national elections in 2023, in
particular to ensure a genuine multiparty system, free and fair elections, checks and balances against
power abuse, and guarantees for people’s participation and shared power; […] suspend and reform
laws, policies and practices that are antithetical to human rights, including the State of Emergency
Law, […], various laws impeding freedom of expression, other freedoms and the work of NGOs, and
laws on political parties and related elections; open up to political pluralism and ensure the separation
of powers and functions, especially in order to safeguard the judiciary from executive seepage”.
Similarly, the UN Human Rights Committee, which supervises the implementation of the International
Covenant on Civil and Political Rights to which Cambodia is a party, in its concluding observations
adopted at its 134
th
session (28 February–25 March 2022), echoed these findings and
recommendations in great detail.
On 7 October 2022, the Phnom Penh Court sentenced Mr. Son Chhay, a former member of the CNRP
and now the Vice-President of the opposition Candlelight Party, in two cases to pay the CPP and the
National Election Committee 3 billion riels and 17 million riels (US$ 754,250) in damages, having
found him guilty of defamation for saying that voting fraud had occurred during the June 2022
commune elections, allegations that were
supported and substantiated by other entities at the national
and international levels.
On 16 January 2023, Mr. Thach Setha, Vice-President of the Candlelight
Party, was arrested over complaints of having written bad cheques, an accusation he denied and
considers to amount to intimidation.
On 19 October 2022, Mr. Rainsy was sentenced to life imprisonment, allegedly for trying to cede four
Cambodian provinces to a foreign state. The conviction and sentence referred to Mr. Rainsy’s meeting
in the United States in 2013 with the Montagnard Foundation, an organization that works to protect the
rights of indigenous minorities in Viet Nam. Mr. Rainsy had promised to defend the rights of
Cambodian indigenous people during the meeting. He has since dismissed the charges and sentence
as bogus saying that he had not ceded territory to any country but only recognized the rights of the
indigenous people called Khmer Leu in the north-east of Cambodia.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
-4-
In a hearing with the CHRP, the leader of the Cambodian delegation to the 146
th
IPU Assembly
(March 2023) renewed the invitation to the CHRP to send a delegation to Cambodia to discuss its
concerns and questions with all relevant stakeholders. He stated that much progress had been made
in Cambodia to uphold liberal democracy, pointing out, among other things, that 45 political parties
had registered with the Ministry of the Interior and most parties have shown their interest in
participating in the elections for the National Assembly, scheduled for 23 July 2023, that 17 political
parties had won seats in the June 2022 local elections, hence ensuring political pluralism, and that
over a thousand media outlets were operating in Cambodia. Regarding the recent revocation of the
licence of the Voice of Democracy, considered to be one of the few remaining independent media
outlets in Cambodia that reports on sensitive issues, the leader of the Cambodian delegation said that,
recently, the media outlet had reported erroneously on a matter whereby it had broken the law and,
consequently, its licence was revoked.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
2.
Thanks
the leader of the Cambodian delegation for the information provided and his spirit of
cooperation;
Is pleased
to learn that the invitation extended by the leader of the Cambodian delegation for an
IPU delegation to travel to Cambodia to discuss its long-standing concerns in this case is still in
place;
regrets,
nevertheless, that since the invitation was first formulated in November 2021 no
concrete progress has been made towards identifying dates that suit the Cambodian authorities;
and
sincerely hopes
that they can swiftly provide the necessary clarity so that the mission can
take place well before the forthcoming elections for the National Assembly;
Is deeply concerned
about the sentencing of Mr. Sokha to a lengthy prison term to be served in
the form of house arrest; and
recalls
in this regard that the main evidence provided against
Mr. Kem Sokha are videos of a 2013 speech in which he at no point incited hatred or violence
or uttered defamatory words but, rather, emphasized that he was aiming to bring political
change by winning the elections;
Is also deeply concerned
that Mr. Rainsy was recently sentenced to life imprisonment allegedly
in connection with work he did to promote the rights of indigenous groups in Cambodia;
questions
the factual and legal basis for his conviction and sentence; and
wishes to receive
all
the necessary details from the Cambodian authorities in this regard;
Considers
that these developments have to be seen in the context of other serious steps taken
in recent years against the opposition, in particular the mass trial verdicts in 2021 and 2022 that
are preventing the affected 17 senior CNRP parliamentarians from freely returning to Cambodia
and taking part in the electoral process, and the actions taken against leaders of the Candlelight
Party, most notably the defamation verdict against Mr. Chhay, with crippling effects on freedom
of speech;
Stresses
that the mission to Cambodia provides an excellent and timely opportunity to discuss
these matters with the Cambodian authorities against the backdrop of the forthcoming elections
for the National Assembly and the need for them to be truly free and fair, and inclusive of all
voices in Cambodian society;
expresses the hope
that for this purpose the authorities will also
resume political dialogue urgently with all opposition parties, both in and outside of Cambodia,
and
urges
them to do so, in the belief that this is indispensable to help build trust and find
solutions to the current political situation;
Requests
the Secretary General to convey this decision to the parliamentary authorities, the
complainant and any third party likely to be in a position to help with the successful organization
of the mission;
Requests
the Committee to continue examining this case and to report back to it in due course.
3.
4.
5
6.
7.
8.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0007.png
-5-
CL/211/14(c)-R.2
Manama, 15 March 2023
Democratic Republic of the Congo
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
© Papy Niango Iziamay Munshemvula
COD-151 – Papy Niango Iziamay Munshemvula
Alleged human rights violations
A.
Threats, acts of intimidation
Lack of due process at the investigation stage
Right of appeal
Violation of freedom of opinion and expression
Abusive revocation or suspension of the parliamentary
mandate
Abusive application of parliamentary sanctions
Other
Summary of the case
Case COD-151
Democratic Republic of the Congo:
Parliament affiliated to the IPU
Victim:
An opposition member of
parliament
Qualified complainant(s):
Section I.1(a) of
the Committee Procedure (Annex I)
Submission of the complaint:
October
2022
Recent IPU decision(s):
- - -
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication(s) from the authorities:
---
- Communication from the complainant:
February 2023
- Communication to the authorities:
February 2023
- Communication to the complainant:
February 2023
On 15 June 2022, the mandate of Mr. Papy Niango Iziamay
Munshemvula (Mr. Niango), an opposition member of
parliament at the time of the alleged facts, was invalidated for
absenteeism following a report issued by an
ad hoc
special
committee created on 28 April 2022 and tasked with
examining reports of unauthorized and unjustified absences
at National Assembly plenary sittings by several members of
parliament, including Mr. Niango.
According to the complainant, the criteria that the special
committee was meant to take into account in assessing which
cases of absence should be sanctioned and which should not, including cases of absence for medical
reasons, as in Mr. Niango’s case, had not been clearly established. Mr. Niango reportedly tested
positive for COVID-19 in January 2021 and his condition stabilized at the end of February of the same
year. A certificate dated 1 March 2021 from the Department of Internal Medicine of the Faculty of
Medicine of the University of Kinshasa states that he that he “was admitted to specialist consultations
in cardiovascular diabetology at the University Clinics of Kinshasa, for a serious medical problem”.
The certificate shown recommended medical rest of three months, until 30 May 2021, and from 10
October to 26 November. After the end of his first medical rest period, Mr. Niango was unable to
resume his parliamentary activities, as his health remained fragile. Another medical certificate dated
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
-6-
28 April 2022 stated that Mr. Niango had been hospitalized at the Kinshasa Medical Centre from 7 to
15 November 2021 and that his state of health upon discharge from the hospital required medical rest
of 14 days, from 16 to 29 November 2021.
After receiving an invitation from the special committee, Mr. Niango reportedly appeared before its
members on 28 April 2022, armed with the justifications for his absence from the plenary sittings of the
National Assembly for the above-mentioned health reasons. Mr. Niango was heard by the said
committee on the same occasion, which made no negative comments regarding his defence and the
supporting documents that he had presented during his hearing. On 29 April 2022, Mr. Niango sent a
letter to the chair of the special committee reminding him of the reasons for his absences and
providing the required supporting documents.
Despite the medical certificates provided, the special committee recommended the invalidation of
Mr. Niango's parliamentary mandate for absenteeism in a report that it reportedly did not forward to
him. Moreover, this report was purportedly not circulated within the National Assembly, thus
preventing a proper examination of the committee's deliberations. On 15 June 2022, the Bureau of the
National Assembly reportedly examined the special committee’s report during a plenary session held
in camera
and decided to invalidate Mr. Niango's mandate in accordance with the provisions of
rule 95(6) of the Standing Orders of the National Assembly, which stipulates that “the mandate of a
member of parliament is terminated by unjustified and unauthorized absence from more than one
quarter of the sittings of a session”. On 22 June 2022, Mr. Niango’s lawyer reportedly made an official
request to receive a copy of the report that had led to the invalidation of the former member of
parliament’s mandate. On 25 June 2022, the rapporteur of the National Assembly acknowledged
receipt of this request, stating that, “given
that this matter is within the jurisdiction of another body, I
will unfortunately not be able to grant your request”.
According to the complainant, the National Assembly invalidated Mr. Niango's mandate in violation of
Articles 19(3) and 61 of the Constitution, which guarantee the rights of defence, insofar as the National
Assembly adopted the conclusions of the special committee’s report without having first heard
Mr. Niango. The National Assembly also allegedly decided to submit the invalidation of Mr. Niango’s
mandate to voting by a show of hands, in disregard of rule 93(3) of the Standing Orders of the
National Assembly, which stipulates that “in the event of deliberations concerning individuals, the vote
shall be by secret ballot”.
The invalidation procedure and the creation of the special committee to examine Mr. Niango’s
unjustified absences are said to be an attempt to silence him and several other opposition members
and are part of repressive measures taken against them. Mr. Niango has also initiated a petition
against the Speaker of the National Assembly for poor conduct of discussions and disorder in the
functioning of parliamentary committees and groups. The impeachment motion was reportedly signed
by 132 members of parliament but was not tabled because the National Assembly mail service was
apparently closed. The tensions linked to the invalidation of the mandate of Mr. Niango and other
parliamentarians and the threats made by the Speaker of the National Assembly against them also
reportedly prevented the filing of the petition.
Mr. Niango lodged an appeal with the Bureau of the National Assembly against the decision to
invalidate his mandate. No action was reportedly taken following this appeal. Mr. Niango has not been
a member of parliament since the Democratic Republic of the Congo parliamentary elections in July
2022.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning the case of Mr. Papy Niango Iziamay Munshemvula
(Mr. Niango) is admissible, considering that the complaint: (i) was submitted in due form by a
qualified complainant under section I.1(a) of the Procedure for the examination and treatment of
complaints (Annex I of the Revised Rules and Practices of the Committee on the Human Rights
of Parliamentarians); (ii) concerns an incumbent member of parliament at the time of the initial
allegations; and (iii) concerns threats, acts of intimidation, lack of due process at the
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
-7-
CL/211/14(c)-R.2
Manama, 15 March 2023
investigation stage, lack of right of appeal, violation of freedom of opinion and expression,
abusive revocation or suspension of the parliamentary mandate, and abusive application of
parliamentary sanctions, and other violations, allegations that fall under the Committee’s
mandate;
2.
3.
Regrets
the lack of response from the parliamentary authorities concerning Mr. Niango’s case;
and
invites
the authorities to provide their observations in this case;
Is concerned
at the allegation that the report of the special committee tasked with examining
cases of unauthorized and unjustified absences was not forwarded to the complainant, thus
depriving him of his right to know the exact grounds for the decision to recommend the
invalidation of his mandate in the National Assembly; also
wonders why
the National Assembly
is not sharing the report drawn up by the special committee with Mr. Niango; therefore
wishes
to
receive a copy of the report in order to understand the reasons behind the invalidation of
Mr. Niango's parliamentary mandate and the exact periods of absence in question;
Notes with concern
the complainant's allegations that the invalidation of Mr. Niango's
parliamentary mandate is linked to his open opposition to the Speaker of the National Assembly
and to the impeachment motion he initiated against him;
stresses
that the invalidation of the
parliamentary mandate should be in accordance with a clear procedure that complies with the
provisions of the Standing Orders of the National Assembly and constitutional principles; and
calls on
the parliamentary authorities to examine Mr. Niango's appeal as soon as possible and
to provide the requisite remedies if the alleged violations are proven;
Notes
that Mr. Niango's situation is not an isolated case insofar as cases of invalidation for
various reasons have already been submitted to the Committee in the past and continue to be
examined by it;
also notes
that his case is part of a hostile political context
vis-à-vis
dissenting
opposition voices; and
encourages
the Congolese authorities in this election year, when
tensions may lead to further violations against members of the opposition, to take all necessary
steps to guarantee the fundamental rights of all members of the National Assembly, former and
current, irrespective of their political affiliation, in order to ensure that invalidation of the
parliamentary mandate is not used to dismiss members for their political ideas;
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
4.
5.
6.
7.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0010.png
CL/211/14(c)-R.2
Manama, 15 March 2023
-8-
Democratic Republic of the Congo
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
Crispin Ngbundu Malengo
Martin Kabuya Mulamba-Kabitanga
COD-152 – Martin Kabuya Mulamba-Kabitanga
COD-153 – Crispin Ngbundu Malengo
Alleged human rights violations
A.
Excessive delays
Violation of freedom of opinion and expression
Violation of freedom of assembly and association
Other acts obstructing the exercise of the parliamentary
mandate
Summary of the case
Case COD-COLL-03
Democratic Republic of the Congo:
Parliament affiliated to the IPU
Victims:
Two majority members of
parliament
Qualified complainant(s):
Section I.1 (a)
of the Committee Procedure (Annex I)
Submission of the complaint:
October
2022
Recent IPU decision(s):
- - -
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication(s) from the
authorities: - - -
- Communication from the complainant:
February 2023
- Communication to the authorities:
Letter to the Speaker of the National
Assembly (February 2023)
- Communication to the complainant:
February 2023
Mr. Martin Kabuya Mulamba-Kabitanga and Mr. Crispin Ngbundu
Malengo were elected in the legislative elections held in
December 2018. Upon accepting positions as provincial
governors, deemed incompatible with their parliamentary
mandates, they were reportedly suspended in April 2019 and
replaced by their alternates.
In June and December 2020, Mr. Malengo and Mr. Kabuya were
stripped of their governorship. Believing that the motions of
impeachment against them were unfounded, the two governors
filed a complaint with the Constitutional Court. In January and
March 2021, the Constitutional Court dismissed Mr. Kabuya and
Mr. Malengo who, having officially lost their governorships,
initiated a procedure to be reinstated in their parliamentary
functions. To this end, on 13 July 2021, legal counsel for the
former members of parliament lodged a submission with the Constitutional Court requesting it to
interpret the meaning and scope of paragraphs 1, 2 and 3 of Article 110 of the Constitution of
18 February 2006, amended by Law No. 11/002 of 20 January 2011, which list situations requiring the
suspension of a parliamentary mandate, the acceptance of a political function that is incompatible with
the exercise of a parliamentary mandate being one such situation.
On 1 March 2022, the Constitutional Court issued its ruling No. 1606 in which it clarified its position on
the suspension of mandates saying that the latter “applies to any acceptance of an incompatible
political office, whether elective or nominative, as envisaged under the Constitution amended on
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
-9-
CL/211/14(c)-R.2
Manama, 15 March 2023
20 January 2011. In this case, therefore, the parliamentarian whose mandate had been suspended
can be reinstated immediately and rightfully in parliament, provided that during this same legislature,
as provided in paragraph 6 of the interpreted article, the said parliamentarian or alternate has not
deliberately left the political party on behalf of which they had obtained their mandate”. Thus, in its
ruling No. 1606 of 1 March 2022, the Constitutional Court definitively ruled on the right of the two
members of parliament to resume their parliamentary mandates stating that “the members of
parliament whose mandates have been suspended must take up their place in parliament”. The
complainants pointed out that, according to Article 168(1) of the Constitution, “The judgments of the
Constitutional Court are not subject to appeal and are immediately enforceable. They are binding on
the public authorities, on all administrative and judicial, civil and military authorities and on private
individuals”. Reportedly, however, the parliamentary authorities have not enforced the Constitutional
Court’s ruling No. 1606.
According to the documents submitted by the complainants, in a letter dated 14 March 2022
addressed to Mr. Kabuya, the Speaker of the National Assembly acknowledges the Constitutional
Court’s ruling. However, although the parliamentary authorities had taken note of the Constitutional
Court's ruling on the right to resume their parliamentary mandates, the two former members of
parliament were reportedly unable to sit in the National Assembly and did not receive their allowances.
Following the legislative elections in the Democratic Republic of the Congo in July 2022, Mr. Kabuya
and Mr. Ngbundu are no longer members of parliament.
B
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning the situation of Mr. Martin Kabuya Mulamba-Kabitanga and
Mr. Crispin Ngbundu Malengo is admissible, considering that the complaint: (i) was submitted in
due form by a qualified complainant under section I.1(a) of the Procedure for the examination
and treatment of complaints (Annex I of the Revised Rules and Practices of the Committee on
the Human Rights of Parliamentarians); (ii) concerns two incument members of parliament at
the time of the alleged facts; (iii) concerns excessive delays, violation of freedom of opinion and
expression, violation of freedom of assembly and association, and other acts obstructing the
exercise of the parliamentary mandate, allegations which fall under the Committee’s mandate;
Regrets
the lack of response from the parliamentary authorities concerning the cases of
Mr. Kabuya and Mr. Ngbundu; and
invites
the authorities to provide their observations in these
cases;
Takes note
of Constitutional Court Ruling N° 1606 of 1 March 2022, which ruled in favour of the
reinstatement of former members of parliament in their parliamentary functions insofar as the
political function they held had indeed ended while their parliamentary mandate was still valid;
and
notes with concern
that the said ruling has not been executed despite the fact that the
parliamentary authorities were allegedly notified thereof by the complainants and despite the
immediate enforceability of Constitutional Court's rulings;
Wishes
to receive information on the reasons that have prevented the parliamentary authorities
from implementing the Constitutional Court’s ruling by terminating the suspension of the two
former members of parliament and paying them their exit allowances; and
calls on
the
parliamentary authorities to ensure that Mr. Kabuya and Mr. Ngbundu obtain redress for the
damage suffered;
Notes
that Mr. Kabuya’s and Mr. Ngbundu’s situation are not isolated cases insofar as cases of
invalidation for various reasons have already been submitted to the Committee in the past and
continue to be examined by it;
also notes
that their cases are part of a hostile political context
that is hostile
vis-à-vis
opposition voices; and
encourages
the Congolese authorities in this
election year, when tensions may lead to further violations against certain members of the
National Assembly, to take all necessary measures to guarantee the fundamental rights of all its
members, former and current, irrespective of their political affiliation, in order to ensure that the
2
3.
4.
5.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 10 -
invalidation of the parliamentary mandate is not used to dismiss members of parliament for their
political ideas;
6.
7.
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0013.png
- 11 -
CL/211/14(c)-R.2
Manama, 15 March 2023
Eswatini
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
Members of the Royal Eswatini Police Service monitor affiliates of the Trade
Union Congress of Eswatini (TUCOSWA) as they chant political slogans in
central Manzini, on 28 October 2021 during a pro-democracy protest. Michele
Spatari – AFP
SWZ-02 – Mduduzi Bacede Mabuza
SWZ-03 – Mthandeni Dube
SWZ-04 – Mduduzi Gawuzela Simelane
Alleged human rights violations
A.
Arbitrary arrest and detention
Inhumane conditions of detention
Lack of due process at the investigation stage
Lack of fair trial proceedings
Excessive delays
Violation of freedom of opinion and expression
Violation of freedom of assembly and association
Failure to respect parliamentary immunity
Other acts obstructing the exercise of the parliamentary
mandate
Summary of the case
Case SWZ-COLL-01
Eswatini:
Parliament affiliated to the IPU
Victims:
Three independent members of
parliament
Qualified complainant(s):
Section I.1.(b) of
the Committee Procedure (Annex I)
Submission of complaint:
January 2022
Recent IPU decision:
October 2022
Recent IPU mission:
Trial observation
(November and December 2022)
Recent Committee hearing:
Hearing with
the delegation of Eswatini to the 145
th
IPU
Assembly in Kigali (October 2022)
Recent follow-up:
- Communications from the authorities:
Letters from the Speaker of the House of
Assembly (March 2023)
- Communication from the complainant:
September 2022
- Communication to the authorities: Letter
to the Speaker of the House of Assembly
(February 2023)
- Communication to the complainant:
February 2023
Parliamentarians Mduduzi Bacede Mabuza and Mthandeni
Dube were arrested in the evening of 25 July 2021 and have
been held in detention ever since, first at Mbabane police
station and then at the Matsapha Correctional Centre. A third
parliamentarian, Mr. Mduduzi Simelane, fled the country before
an arrest warrant could be implemented. Mr. Mabuza and
Mr. Dube face charges under the Suppression of Terrorism
Act, two murder charges and a charge for contravening
COVID-19 regulations. The accused made bail applications on
6 August and 16 November 2021, which were both rejected. A
final bail application was dismissed on 15 December 2022. On 31 January 2023, the defence and the
Crown prosecutor made final submissions after which the judge in the case reserved judgement.
The legal action against the parliamentarians was taken in the following context. In May 2021, calls for
political reform started circulating on various platforms across Eswatini, with the aforesaid three
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 12 -
parliamentarians also advocating for these changes. To prove that these members of parliament had
the mandate from their constituencies to make this call resulted in a series of petitions being delivered
to parliament in support of the call for change. Protesters were calling for constitutional and political
reforms, were lamenting the Government’s reported failure to deliver basic services to its citizens,
demanded responses to socioeconomic challenges, and invoked alleged ill-treatment by police.
Petitions were delivered to various
tinkhundla
centres, predominantly by young people, to their
members of parliament as an endorsement of the call for constitutional and political reforms. These
calls were heightened during protests against alleged “police brutality” following the death of a
University of Eswatini law student, Mr. Thabani Nkomonye. On 24 June 2021, the then acting Prime
Minister, Deputy Prime Minster, Mr. Themba N. Masuku, issued a ban on the delivery of these
petitions saying that this was “a conscious decision to maintain the rule of law and de-escalate
tensions that had turned the exercise into violence and disorder”. Protesters continued to deliver
petitions in spite of the ban and were blocked by the police.
In its report released at the very end of June 2021 regarding the events that had occurred earlier that
month, the Eswatini Commission on Human Rights and Public Administration (the Commission) –
which is Eswatini’s national human rights institution – found that human rights violations and abuses
had been perpetrated during the unrest.
According to the complainant, the charges against Mr. Mabuza, Mr. Dube and, potentially,
Mr. Simelane serve as reprisals and aim to silence them, given that they have been at the forefront of
the aforesaid demands for democratic reforms in Eswatini, an absolute monarchy led by King
Mswati III for over 30 years, where political parties are not legally recognized.
Mr. Rahim Kahn,
a distinguished attorney and former acting chief magistrate in Botswana with over
40 years of legal experience,
was designated by the IPU to attend and follow the final trial proceedings
against Mr. Mabuza and Mr. Dube, namely those which took place from 8 to 10 and 14 to
16 November and on 13 December 2022.
In his report, the trial observer states that, “[T]he basis of the charges were statements made by the
two accused persons in which they encouraged members of the public to deliver petitions, and to
reject the appointment of the acting Prime Minister. Neither of the accused persons explicitly
encouraged or incited any acts of violence but were arrested on charges of acts of terrorism and
sedition because they expressed a lack of support for the appointment of the acting Prime Minister.
They expressed an opinion which proved to be controversial but they neither encouraged violence nor
incited public displays of disobedience. Their arrest and detention was an infringement of their
constitutional rights to freedom of thought and conscience”. The trial observer furthermore states that,
“[T]he two accused persons made statements at a public gathering in which they expressed their
opinions on the acting Prime Minister. These opinions did not include explicitly hateful speech, nor
explicit incitement of acts of public disorder or acts of terrorism. Therefore, their arrest and detainment
on the basis of these statements was essentially punishment for their exercise of the rights to freedom
of expression and opinion”.
The trial observer furthermore states that, “It is submitted that the present matter has similarly also not
been properly handled. It was within the State’s authority to arrest and detain the two accused persons
for making statements which the authorities believed to be detrimental to public stability and
contributing towards acts of terrorism, acts of sedition and other acts of violence. However, the delay
between the accused’s detention and their first opportunity to make an application for bail was an
infringement of their right to personal liberty and freedom of movement. Furthermore, the nature of
their statements did not justify their detention for 15 months in the interim between their arrest and the
adjudication upon their matter. It is submitted that their arrest and extended detention was an
infringement of their rights to freely express themselves, and their right not to be arbitrarily detained”.
The trial observer moreover points out that, “[T]he two members of parliament have been denied bail
essentially as they are considered flight risks, notwithstanding their official positions as members of
parliament, have fixed assets in the country, have clean records, have not interfered with witnesses
and are willing to offer a sum of money to secure their attendance. Whilst it is true that Mr. Simelane,
another accused, fled the country, the two members of parliament have emphasized that they wished to
stand trial and complete the proceedings. It appears extremely surprising that their bail has been
consistently refused. This repeated denial of bail is a violation of their constitutional rights and they
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
- 13 -
CL/211/14(c)-R.2
Manama, 15 March 2023
should be allowed bail to prepare in a better environment. This principle has never been emphasized
in this matter. At no stage during the proceedings did the judge ever refer to the inconvenience, the
violation of the Constitution or the great prejudice suffered by the accused in the interminable delays of
the prosecution”.
In his general comments and assessment of the trial, the trial observer states that, "the trial is being
continuously postponed, mainly at the instance of the Crown”, and that the judge “does not direct any
detailed questions to the Crown…and grants them far too much latitude to conduct the trial as they
wish. Applications for postponement are granted without establishing their necessity and in all of these
delays, it is the accused who are being prejudiced by the constant delays”. Moreover, the trial observer
points out that, “there is no urgency in the manner in which [the judge] conducted the trial. Hearings are
set on the day but rulings are reserved to a postponed day, often with no reasons. In addition, in two
instances, [the judge] does not deliver a reasoned judgment but hereby hands down an order. This is
again a very disturbing feature of [the judge’s] conduct of the trial”.
The Speaker of the House of Assembly has stated that the parliamentary immunity of the three
parliamentarians with regard to speeches in connection with debates and proceedings in parliament
had always been respected. The Speaker also stated that the prison conditions of Mr. Mabuza and
Mr. Dube were the same as those of other trial inmates and that they had been granted all the general
benefits extended to inmates awaiting trial. He added that, as the matter was before the court, due to
the separation of powers he could not comment on the specific charges.
In the early hours of 22 September 2022, the two detained parliamentarians were allegedly assaulted
by prison guards who entered their cells and started beating them up for no reason. According to the
Speaker, an inquiry into the matter has been opened in accordance with the Correctional Services Act,
No. 13 of 2017, read in conjunction with the Prison Regulations of 1965. The Speaker stated that, “We
are eager for the resultant recommendations and further action which the inquiry may further
recommend. The legal processes have not been finalized and we hope that the above allegations
shall be adequately addressed”.
In response to the IPU’s wish to send a delegation from the Committee on the Human Rights of
Parliamentarians to Eswatini, at a hearing held at the 145
th
IPU Assembly in October 2022 the
Speaker responded that he would welcome such a delegation. Subsequent attempts by the IPU to
organize the mission have not yet borne fruit with the Eswatini authorities, who indicated early on that
important national events prevented them from receiving the mission before the end of the first half of
2023. In response to the most recent IPU letter about the matter, on 5 March 2023 the Speaker stated
in writing that, “The concern of the IPU Committee on the Human Rights of Parliamentarians is
acknowledged and appreciated. The Parliament of the Kingdom of Eswatini is currently addressing a
decision of SADC Heads of States on the same matter. It is our well-considered view that the IPU
Committee shares similar sentiments with the SADC Troika and therefore would be satisfied to receive
a report detailing all processes to be undertaken towards our national dialogue. Suffice to mention that
some major processes and commitments are already ongoing. It is against this background that we
kindly request your indulgence in bearing with us on this issue”.
On the night of 21 January 2023, Eswatini human rights defender and lawyer, Mr. Thulani Maseko,
was shot dead at his home by unknown assailants. United Nations and African Union experts
immediately condemned the killing as “abhorrent” and demanded an impartial investigation.
Mr. Maseko was a member of Lawyers for Human Rights Swaziland and Chairperson of the
Multi-Stakeholder Forum, a coalition calling for constitutional reform in Eswatini. His assassination
occurred on the same day the King of Eswatini made a veiled threat against members of the country's
pro-democracy movement.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
2.
Thanks
the Speaker of the House of Assembly for his recent letters and continued cooperation,
including with regard to the fulfilment of Mr. Rahim Kahn's trial observation mission;
Thanks
Mr. Rahim Kahn for carrying out this mission and for his comprehensive report;
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 14 -
3.
Is deeply concerned
over the several deficiencies identified in the trial observer’s report in the
handling of the legal proceedings brought against Mr. Mabuza and Mr. Dube, in particular the
excessive and unjustifiable delays in the proceedings and the repeated denial of bail, and that
the report gives serious weight to the accusation made by the complainant that the criminal
case merely came in response to the parliamentarians’ public appeal to strengthen democracy,
which falls squarely within the legitimate exercise of their right to freedom of expression;
is led
to believe,
therefore, that both men should never have been detained and prosecuted in the first
place;
trusts
that the judge in the case will carefully and critically assess what evidence, if any,
exists in support of the charges and will quickly adopt a verdict; and
is eager
to be kept
informed of developments in this regard;
Trusts
that a thorough and independent investigation into the alleged assault in September
2022 of the two parliamentarians in detention has since been carried out and completed; and
wishes
to ascertain if this is indeed the case and what conclusions the investigation has
reached;
Notes with great interest
the efforts made within the context of SADC to resolve the political
challenges and promote national dialogue in Eswatini; and
affirms
that the IPU stands ready to
provide any assistance that may be considered useful in this regard;
Sincerely believes
that, over and above ongoing and new efforts to strengthen democracy in
Eswatini, a mission by the IPU Committee on the Human Rights of Parliamentarians, which
would include meetings with all the relevant authorities, a meeting with the two members of
parliament and their lawyers, along with meetings with relevant third parties, would offer a
useful opportunity to discuss the issues that have emerged in the case at hand and to examine
possible solutions;
sincerely hopes,
therefore, that the Eswatini authorities will soon be able to
receive this mission; and
requests
the Secretary General to continue to engage with the
parliamentary authorities of Eswatini with a view to the dispatch of the mission in the coming
months;
Requests
the Secretary General to convey this decision to the Speaker of the House of
Assembly, the complainant and any third party likely to be in a position to supply relevant
information;
Requests
the Committee to continue examining this case and to report back to it in due course.
4.
5.
6.
7.
8.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0017.png
- 15 -
CL/211/14(c)-R.2
Manama, 15 March 2023
Iraq
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
Mr. Al-Alwani five weeks after his sentencing, photo dated 2 January 2015
© Photo courtesy Mr. Ahmed Jamil Salman Al-Alwani’s family
IRQ62 – Ahmed Jamil Salman Al-Alwani
Alleged human rights violations
A.
Torture, ill-treatment and other acts of violence
Arbitrary arrest and detention
Failure to respect parliamentary immunity
Lack of fair trial proceedings
Summary of the case
Case IRQ-62
Iraq:
Parliament affiliated to the IPU
Victim:
A male opposition member of
parliament
Qualified complainant(s):
Section I.(1)(d)
of the Committee Procedure (Annex I)
Submission of complaint:
December
2013
Recent IPU decision:
November 2021
IPU Mission(s):
- - -
Recent Committee hearing:
Hearing with
the Iraqi delegation during the 146
th
IPU
Assembly (March 2023)
Recent follow up:
- Communications from the authorities:
Message from the Department of
Public Relations and Parliamentary
Protocols (July 2022); letter from the
Deputy Secretary General conveying a
letter from the Ministry of Justice (June
2022)
- Communication from the complainants:
October 2022
- Communications to the authorities:
Letters to the Speaker of the Council of
Representatives (February 2023)
- Communication to the complainants:
October 2022
Mr. Al-Alwani was arrested on 28 December 2013 during a raid
conducted by Iraqi security forces on his home in Ramadi, in
the Al-Anbar Governorate. The complainants believe that
Mr. Al-Alwani’s arrest was in retaliation for his outspoken
support of the grievances of the Sunni population and his vocal
opposition to the Iraqi Prime Minister at the time, Mr. Nouri
Al-Maliki. The case of Mr. Al-Alwani has also to be seen against
the backdrop of sectarian tension and violence in the country.
According to the complainants, Mr. Al-Alwani was initially held
in secret detention centres, was exposed to ill-treatment and
torture, did not receive a fair trial and saw his right to mount an
adequate defence violated. The United Nations Working Group
on Arbitrary Detention confirmed these allegations in its 2017
report (Opinion No. 36/2017), particularly following
Mr. Al-Alwani’s conviction in 2014 for murder and incitement to
sectarian violence and his sentencing in 2016 to the death
penalty under the Anti-Terrorism Law. Mr. Al-Alwani’s lawyers
have appealed the court rulings, which are still under review in
cassation proceedings, as confirmed by the complainants and
the President of the Supreme Judicial Council. Under the
General Amnesty Law No. 27 of 2016, Mr. Al-Alwani submitted
applications for pardon in three cases, which were subsequently rejected.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 16 -
The complainants stated that, in November 2020, a parliamentary delegation reportedly visited
Mr. Al-Alwani at the Al-Kadhimiya detention centre, located in northern Baghdad, to ensure that he was
in good health, given that he had allegedly not received visits in the previous four months due to the
COVID-19 pandemic. The prison visit was also for the purpose of conveying letters of support to
Mr. Al-Alwani from the Speaker of Parliament and tribal leaders.
In a letter dated 22 June 2022, the Minister of Justice reported that the Ministry’s Human Rights
Directorate had carried out a visit to Mr. Al-Alwani to enquire about his physical and mental health in
detention. After reviewing his file, the team found that Mr. Al-Alwani was in good health and was not
suffering from any chronic diseases. According to the medical report issued by the medical clinic in
Al- Kadhimiya prison, the team confirmed that Mr. Al-Alwani had not been subjected to torture. The
Minister of Justice also stated in the same letter of June 2022 that Mr. Al-Alwani’s file was being
closely examined and that his arrest and detention had taken place in accordance with the law. After
enquiring whether he had been subjected to any form of torture while in detention, Mr. Al-Alwani
reportedly said that he had only suffered from abuse and mistreatment during his arrest. Mr. Al-Alwani
allegedly explained to the delegation visiting him that he was being treated well and that his detention
conditions were good.
During a hearing with the Committee on the Human Rights of Parliamentarians at the 146
th
IPU
Assembly in March 2023, the Iraqi delegation informed the Committee that the Human Rights Committee
of the Council of Representatives had visited Mr. Al-Alwani on 8 March 2023 to enquire about his
detention conditions and physical health. The delegation stated that this was not its first visit to
Mr. Al-Alwani, whose case continues to be monitored by the Council of Representatives through its
Human Rights Committee. The latter is deeply concerned with this case, given the allegations of torture,
mistreatment and abuse, unfair proceedings, non-respect of parliamentary immunity and the political
dimension of the charges levelled against Mr. Al-Alwani. Although Mr. Al-Alwani’s detention conditions
have improved, the delegation underlined that he is still facing four life sentences and two death
sentences as a result of politically motivated charges.
The delegation also recalled that, prior to his arrest in 2013, Mr. Al-Alwani had given a speech in which
he had allegedly insulted Shia leaders. The Council of Representatives had therefore created a
committee to investigate the incident and reportedly found that Mr. Al-Alwani had not insulted Shia
leaders or the Shia community. This incident was used by Mr. Al-Alwani’s political opponents to garner
hatred against him and incite sectarian tensions and violence in the country.
Regarding the recent visit carried out by the Human Rights Directorate of the Ministry of Justice in 2022,
the Iraqi delegation stated that the visit was the result of the IPU Committee’s work on the case. Its
recent decision on Mr. Al-Alwani’s situation was referred to the Minister of Justice, who had formed a
committee in charge of monitoring the case and instructed it to visit the former parliamentarian in
detention. The delegation thanked the IPU Committee for its work on the case of Mr. Al-Alwani, as it
promoted its resolution and expressed its hope that both the Committee’s work and the efforts made by
the Iraqi authorities so far would lead to the release of Mr. Al-Alwani and the final resolution of his case.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
2.
Thanks
the Iraqi authorities for meeting with the Committee on the Human Rights of
Parliamentarians during the 146
th
IPU Assembly to discuss Mr. Al-Alwani’s case;
Welcomes
the recent visits carried out to Mr. Al-Alwani and the information related to the work
of the Council of Representatives regarding the case, including its continued monitoring through
its Human Rights Committee;
takes note
of the report of the parliamentary committee in charge
of investigating the 2013 incident about Mr. Al-Alwani’s speech; and
wishes
to receive a copy of
the report;
Welcomes
the steps taken by the judicial authorities with regard to Mr. Al-Alwani’s case, namely
their recent visit and the report of the Ministry’s Human Rights Directorate;
urges,
nevertheless,
the judicial authorities to lift the death sentence passed against Mr. Al-Alwani, to release him
3.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
- 17 -
CL/211/14(c)-R.2
Manama, 15 March 2023
promptly and grant him appropriate compensation in light of: (i) the flawed legal proceedings,
given that he did not receive legal assistance, an allegation confirmed by the United Nations
Working Group on Arbitrary Detention in its 2017 report; and (ii) the impunity for the alleged
acts, namely torture, solitary confinement and lack of medical treatment in the early stages of
his detention;
4.
Considers
that the situation of Mr. Al-Alwani should be seen as a national cause of concern to
all Iraqi leaders and decision-makers, irrespective of their religious or political affiliation;
therefore
calls on
the executive authorities in Iraq, political and religious leaders across the
board and all members of parliament, regardless of their political affiliation, to stand united for
the protection and promotion of human rights by taking up Mr. Al-Alwani’s case before the
highest authority in the county to promote his release, uphold his human rights and ensure that
he will not be executed as a result of politically motivated charges;
Reiterates its wish
for a delegation from the Committee on the Human Rights of
Parliamentarians to visit Mr. Al-Alwani in detention and to meet with the relevant Iraqi
authorities, including the President of Iraq, the Prime Minister and his Chancellor, the President
of the Supreme Judicial Council and the Speaker of the Council of Representatives in the near
future to promote a satisfactory resolution of the case of Mr. Alwani; and
hopes
to receive a
positive reply and assistance from parliament to this end, to enable the mission to take place
smoothly, provided that the overall security situation allows for such a visit to take place and
that the necessary security measures are in place for the delegation to ensure its safety;
Requests
the Secretary General to convey this decision to the Iraqi parliamentary authorities,
the Prime Minister, the President of the Supreme Judicial Council, the complainants and any
third party likely to be in a position to provide relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
5.
6.
7.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0020.png
CL/211/14(c)-R.2
Manama, 15 March 2023
- 18 -
Libya
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
© Courtesy of the Sergiwa Family
LBY-01 – Seham Sergiwa
Alleged human rights violations
A.
Abduction
Threats, acts of intimidation
Failure to respect parliamentary immunity
Impunity
Summary of the case
Case LBY-01
Libya:
Parliament affiliated to the IPU
Victim:
Female independent member of
the House of Representatives
Qualified complainant(s):
Section I.1(a)
of the Committee Procedure (Annex I)
Submission of complaint:
July 2019
Recent IPU decision:
March 2022
Recent IPU mission(s):
- - -
Recent Committee hearing:
Hearing with
the Libyan delegation to the 146
th
IPU
Assembly (March 2023)
Recent follow-up:
- Communication from the authorities:
Letter from the Speaker of the House
of Representatives (July 2020)
- Communication from the complainants:
December 2022
- Communication to the authorities:
Letter to the Speaker of the House of
Representatives (February 2023)
- Communication to the complainants:
February 2023
Ms. Seham Sergiwa was abducted from her home on 17 July
2019. According to the complainants, more than a dozen
masked, armed men raided her house at 2 a.m. after it was
plunged into darkness, as if the electricity had been cut off, and
an explosion took place inside the house. During the attack,
Ms. Sergiwa’s husband was shot in the legs and wounded in his
eye, while one of her sons was beaten up as they captured her.
Following the attack, Ms. Sergiwa’s husband and her son were
taken to hospital, where they were not permitted to receive any
visits. The complainants also alleged that the abductors had
confiscated the telephones belonging to members of
Ms. Sergiwa’s family to prevent them from alerting the media
about the attack.
The complainants claim that the abductors are members of the
106th Brigade of the Libyan National Army (LNA) led by
Mr. Khalifa Haftar, an assertion based on the modus operandi of
the abductors and the SUV vehicles used. The perpetrators
allegedly spray-painted the message “the army is a red line [not to be crossed]” and the name of the
Brigade responsible for Ms. Sergiwa’s abduction, “Awliya al-Dam” (Avengers of Blood) across her
house. The complainants explained that the attackers allegedly arrived in cars belonging to Libya’s
Criminal Investigation Department of the interim government in eastern Libya.
Ms. Sergiwa’s abduction was allegedly in response to her political stance against the military
operations in Tripoli, as she was taken from her home shortly after she gave an interview criticizing the
military offensive and calling for an end to the bloodshed. The complainants believe that Ms. Sergiwa’s
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
- 19 -
CL/211/14(c)-R.2
Manama, 15 March 2023
abduction was not a random act of violence, given her vocal criticism of Mr. Khalifa Haftar and the
circumstances in which the attack took place. They added that several Libyan officials living nearby,
including the mayor of Benghazi, could have intervened with their armed guards to prevent or at least
thwart the attack, but deliberately refrained from doing so.
In a statement issued on 18 July 2019, the Libyan House of Representatives in Tobruk strongly
condemned Ms. Sergiwa’s abduction by unknown individuals and called on the Ministry of the Interior,
as well as all security forces, to scale up their efforts to find Ms. Sergiwa, ensure her prompt release
and hold to account those responsible for her abduction. In a hearing held with the First and Second
Deputy Speakers of the House of Representatives in October 2019, the IPU Committee on the Human
Rights of Parliamentarians learned that the Minister of the Interior of the interim government in eastern
Libya had indicated that terrorist groups might be responsible for Ms. Sergiwa’s abduction, that the
House of Representatives continued to monitor the case, which was still under investigation, and that
it could well be that Ms. Sergiwa would turn up alive.
In its report of October 2021, the United Nations Independent Fact-Finding Mission
set up to
investigate human rights violations committed in Libya since 2016
concluded that there were
reasonable grounds to believe that Ms. Sergiwa was a victim of enforced disappearance and found
that the relevant authorities in Libya had failed to protect her life. The mission’s report also stated that
the evidence indicated that Ms. Sergiwa was abducted by either the LNA or affiliated armed groups.
On 24 January 2022, the United Nations Secretary-General’s Special Adviser on Libya, Ms. Stephanie
Turco Williams, publicly expressed her concern about Ms. Sergiwa’s case and called on the
“concerned authorities to provide information on her whereabouts”.
During a hearing with a delegation led by the First Deputy Speaker of the House of Representatives at
the 146
th
IPU Assembly in March 2023, the Committee on the Human Rights of Parliamentarians
gathered the information summarized below on the situation of Ms. Seham Sergiwa and the steps
taken by the Libyan authorities concerning her case:
-
After requesting the Minister of the Interior to promptly examine the case, the latter provided his
initial findings to the House of Representatives on 18 July 2019 and, on 29 July 2019, the
Speaker assigned the Internal Affairs Committee to following up the case with the Minister of
the Interior. On 1 August 2019, the report on evidence collected was forwarded to the Attorney
General. As a result, an investigation was opened (No. 2254/2019) and the victims and
witnesses of the incident were summoned;
On 8 September 2019, the Attorney General sent a letter to the Chief of Judicial Expertise and
Research in Benghazi, instructing him to assign a fingerprint expert to identify the fingerprints
on both the spent cartridge and shotgun found at the crime scene. The Chief of Judicial
Expertise and Research was also called to appear before the Attorney General’s office to
provide his testimony. On 11 October 2019, the district prosecutor in charge of the investigation
requested the Head of the Criminal Investigation Department to issue a circular within the prison
administration and the military police and to reveal the identity of the drivers identified in the
incident, so that they could be investigated;
On 7 December 2020, the Minister of the Interior briefed the House of Representatives, and on
22 December 2020 the Attorney General was requested to communicate the findings of the
investigation into the disappearance of Ms. Sergiwa to the House. As a result, the Attorney
General sent a copy of the memorandum from the district prosecutor in charge of the
investigation, as well as copies of all the correspondence and steps taken concerning the case
to the House of Representatives;
On 30 June 2021, the Attorney General’s office in Benghazi reported to the House of
Representatives on the steps taken concerning Ms. Sergiwa’s case. These included appointing
a fire expert to prepare a report on the incident; instructing the district prosecutor to widen the
scope of evidence search and collection; swiftly investigating the incident and identifying,
arresting and prosecuting the culprits; collecting testimonies from victims and witnesses; and
checking through the video surveillance footage taken on the day of the incident to trace the
culprits’ vehicles back to their original location. Everything was then to be recorded in a
memorandum;
Ms. Sergiwa’s case is a criminal offence and is still under criminal and judicial investigation by
the Attorney General. The House of Representatives is monitoring the case through its Legal
-
-
-
-
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 20 -
Affairs Committee to the best of its ability, considering that parliament cannot interfere with the
public prosecution’s work, as it is an independent body in Libya. The lack of progress could be
attributed to the fact that the Ministry of Justice does not have executive power.
During the hearing with the Committee, the delegation also deplored the fact that Ms. Sergiwa’s case
was not an isolated incident. In fact, on 2 March 2023, another Libyan member of parliament,
Mr. Hassan Al-Ferjani from the Tarhuna district, was allegedly abducted. The delegation also
emphasized that women parliamentarians in Libya were particularly targeted because of their political
affiliation, with serious threats made against them through social media, which have been increasingly
used to undermine their work and that of all members of parliament and to incite hatred and violence
against them and members of their families. The delegation added that the enforced disappearance of
Ms. Sergiwa was also the result of an online hate campaign initiated against her by her political
opponents and the other individuals present during the telephone interview she gave on the day of her
abduction.
The Libyan delegation reiterated that the House of Representatives had done everything possible to
find out what had become of Ms. Sergiwa. They also explained that they had no indication as to
whether she is still alive or not. Furthermore, and based on the preliminary findings of the
investigations, it appears that the 106
th
Brigade, which, according to the delegation, is not under the
command of the LNA, is the primary suspect in this case. This rogue brigade took advantage of the
fragile security situation in Libya between 2018 and 2019 to carry out several crimes that have
remained unpunished. The delegation hopes that the improved security situation in the country will
lead to new developments in the case.
The delegation thanked the Committee for its work and called on it to continue examining
Ms. Sergiwa’s case to find out what had become of her. The delegation also explained that the work of
the House of Representatives and the safety of its members were severely challenged by the ongoing
conflict and division in Libya and the profusion of weapons, which encouraged violence in the country.
The delegation called on the Committee, the Inter-Parliamentary Union and the entities of the United
Nations system, including its Independent Fact-Finding Mission and the United Nations Secretary-
General’s Special Representative for Libya, to denounce and condemn similar violations and to scale
up their efforts to end division and violence in Libya and protect the lives of all Libyans, including
members of parliament.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Thanks
the Libyan authorities for meeting with the Committee on the Human Rights of
Parliamentarians during the 146
th
IPU Assembly to discuss Ms. Sergiwa’s case and for the
information provided on the steps taken by the House of Representatives and the Libyan
authorities with regard to this case;
Recognizes,
once again, the exceptional situation prevailing in Libya and the formidable
challenges to law and order in the country, and
expresses its support
to all members of the
House of Representatives in Libya, in particular women parliamentarians who are primarily
targeted because of their gender and their political work, both online and offline;
emphasizes,
that the human rights of a member of the Libyan House of Representatives should be upheld at
all costs; and
urges
the executive authorities in Libya to take the appropriate measures to hold
those responsible for Ms. Sergiwa’s abduction to account and provide information on what has
become of her;
Expresses its concern
about the fresh allegations that Ms. Sergiwa was targeted as a result of
an online hate campaign inciting physical violence against her, waged by her political
opponents;
notes with concern
that such online harassment and hate campaigns are routinely
used to undermine the work of parliamentarians in Libya, particularly women parliamentarians,
because of their political affiliation and for expressing their political views;
reaffirms
that Libyan
women should be able to exercise their civil and political rights without hindrance, intimidation or
fear for their lives; and, to that end,
calls on
the competent authorities to ensure that social
2.
3.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
- 21 -
CL/211/14(c)-R.2
Manama, 15 March 2023
media is not used to circulate hateful messages against members of parliament, particularly
women parliamentarians;
4.
Reaffirms,
once again, the long-lasting effects of impunity on the integrity of parliament and its
ability to fulfil its role as an institution – even more so when leading figures of parliament are
targeted for their political views, as in the present case;
stresses
that, when they go
unpunished, crimes of this nature are bound to recur as their perpetrators are decisively
encouraged to continue violating the rights of women parliamentarians; and
urges
the Libyan
authorities to establish the truth in Ms. Sergiwa’s case to send a strong message to those
responsible for committing serious human rights violations that impunity cannot prevail in Libya;
Takes note
of the appeal made by the Libyan parliamentary delegation to pursue the
examination of Ms. Sergiwa’s case and other cases of human rights violations affecting other
members of parliament; and
underlines
in this regard that a formal complaint regarding the case
of member of parliament Al-Ferjani, and any other member of parliament whose rights have
been violated, would give the Committee on the Human Rights of Parliamentarians the mandate
to examine their situation;
Reiterates
its wish to learn further about the work of the United Nations Independent Fact-
Finding Mission and the United Nations Secretary-General’s Special Representative for Libya
with a view to exploring avenues of cooperation to help resolve Ms. Sergiwa’s case;
Requests
the Secretary General to convey this decision to the parliamentary authorities, the
Attorney General in Libya, the Minister of Justice, the United Nations Independent Fact-Finding
Mission, the United Nations Secretary-General’s Special Representative for Libya, the
complainants and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
5.
6.
7.
8.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0024.png
CL/211/14(c)-R.2
Manama, 15 March 2023
- 22 -
Pakistan
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
Mohsin Dawar (left) and Ali Wazir (right), PTM member of parliament from the
North Waziristan tribal district, sit before a media briefing in Islamabad on 27
January 2020. / Farooq NAEEM / AFP
PAK-25 – Muhammad Ali Wazir
Alleged human rights violations
A.
Arbitrary arrest and detention
Inhumane conditions of detention
Lack of due process at the investigation stage
Lack of fair trial proceedings
Excessive delays
Right of appeal
Violation of freedom of opinion and expression
Violation of freedom of assembly and association
Failure to respect parliamentary immunity
Impunity
Summary of the case
Case PAK-25
Pakistan:
Parliament affiliated to the IPU
Victim:
Independent member of the
National Assembly of Pakistan
Qualified complainant(s):
Section I.(1)(d)
of the Committee Procedure (Annex I)
Submission of complaint:
November
2021
Recent IPU decision:
November 2021
IPU Mission(s):
- - -
Recent Committee hearing:
Hearings
with the Pakistani delegation to the 146
th
IPU Assembly (March 2023)
Mr. Muhammad Ali Wazir is a member of the National
Assembly of Pakistan. He is also a co-founder of the Pashtun
Recent follow-up:
Tahaffuz (Protection) Movement (PTM), which was established
- Communication from the authorities:
in 2014 to defend the rights of the Pashtun people. Mr. Wazir is
November 2021
a well-known critic of the military leadership of Pakistan, which
- Communication from the complainant:
he blames for instigating widespread human rights violations
December 2022
against civilians in areas predominantly inhabited by Pashtuns.
- Communication to the authorities:
This position put him in conflict with influential members of the
Letter to the Speaker of the National
Assembly (February 2023)
military leadership. Mr. Wazir was previously arrested on
- Communication to the complainant:
several occasions together with other PTM leaders for
December 2022
attending PTM gatherings and making critical statements
against the military. He has also spoken out against the Taliban
armed group, which exposed him and his family to repeated attacks.
The complainant reports that Mr. Ali Wazir was arrested on 16 December 2020 in connection with a rally
commemorating the 2014 Peshawar school massacre and was charged with violating a number of
provisions of the Pakistan Penal Code and the Anti-Terrorism Act. The charges against him include
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0025.png
- 23 -
CL/211/14(c)-R.2
Manama, 15 March 2023
preparing a criminal conspiracy, making derogatory remarks against the armed forces and other state
institutions in his speeches. He has also been accused of sedition and spreading “hate speeches”
against these institutions.
However, the complainant rejects the charges as baseless and politically motivated. The complainant
contends that the accusations against Mr. Ali Wazir are intended to interfere with his parliamentary
mandate and his advocacy for the rights of the Pashtun people, in violation of his rights to freedom of
expression and to peaceful assembly.
According to the complainant, although Mr. Wazir was freed on bail by the Supreme Court of Pakistan on
30 November 2021, his release from prison was forestalled in connection with a separate charge
emanating from another jurisdiction. Since then, Mr. Wazir was presented with new charges on five
occasions, which prevented his leaving prison and regaining his seat in parliament even when accorded
bail and despite the fact that the anti-terrorism court acquitted him in October 2022. Also, although the
Speaker of the National Assembly, Mr. Raja Pervaiz Ashraf, issued an order summoning Mr. Wazir to
the parliamentary budget session on 21 June 2022, Mr. Wazir was not able to attend the session in the
end as he was reportedly subjected to attacks by state agents when he was undergoing a health check
in hospital, which led him to demand to be returned to prison instead. The complainant has reported that
the prolonged detention of Mr. Ali Wazir on remand violates his parliamentary mandate and puts his life
at risk, as he suffers from hypertension, diabetes and other ailments.
However, following the mobilization of numerous actors, including members of the Senate of Pakistan, to
pressure the authorities to respect Mr. Wazir’s rights, he was eventually released on bail on 14 February
2023, after spending 26 months in prison. Nevertheless, the complainant insists that Mr. Ali Wazir is still
facing several trials, which may lead him to be incarcerated yet again, pointing to numerous examples of
unfair trials, arbitrary detention and extrajudicial use of force against critics of the military establishment
that have remained entirely unpunished.
Long-standing human rights concerns over the pattern of impunity for numerous violations carried out by
the security sector of Pakistan were voiced by several countries at the United Nations Human Rights
Council during the latest Universal Periodic Review of the human rights situation in the country on
1 February 2023. Several recommendations addressed ways in which the authorities of Pakistan could
address these long-standing challenges, including by criminalizing torture and mistreatment, ensuring
that complaints against the extra-legal use of force by the security sector are duly processed, revising
the Pakistan Penal Code and the Anti-Terrorism Act to ensure compliance with Pakistan’s human rights
obligations, offering a standing invitation to United Nations Special Rapporteurs, and strengthening the
effectiveness and independence of the National Commission for Human Rights.
2
This Commission was
also the object of comments by the United Nations Human Rights Committee, which expressed concern
that this institution is prevented from carrying out inquiries into violations committed by the armed forces
or the intelligence agencies. The Committee was also concerned by the overcrowding and inadequate
conditions of detention in prison and at the high proportion of persons held on remand, some of whom
were in pretrial detention for periods longer than the maximum sentence for the crime. Regarding
freedom of expression, the Committee called on the authorities to ensure that criminal laws are not
improperly used against dissenting voices and urged Pakistan to review its legislation, including article
19 of the Constitution and other relevant laws, to bring the legislation in line with Pakistan’s human rights
obligations.
3
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Thanks
the Parliament of Pakistan and the member of the delegation of Pakistan to the
146
th
IPU Assembly who was heard by the Committee on the Human Rights of Parliamentarians
for their cooperation;
acknowledges
the efforts made by several parliamentarians to ensure the
release of Mr. Ali Wazir from prison;
hopes
to be able to rely on the support of parliament in
ensuring that the rights of Mr. Ali Wazir are protected in full, including his right to a fair trial; and
https://uprmeetings.ohchr.org/Sessions/42/Pakistan/Pages/default.aspx
file://///syno2416/home/Drive/Downloads/G1724636-1.pdf
2
3
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 24 -
reiterates its wish
to be kept informed of the dates of the trial, and of any other relevant judicial
developments in the case, as well as to
receive
a copy of the relevant legal provisions in
preparation for a trial observation mission to Pakistan;
2.
Is deeply concerned
that Mr. Ali Wazir has been detained
on remand
from December 2020 until
February 2023, despite his acquittal in October 2022 and repeated decisions to free him on bail;
is deeply concerned
by reports that Mr. Ali Wazir has been held in overcrowded prison cells
despite the fact that he suffers from poor health, including hypertension and diabetes;
wishes
to
receive detailed information on the detention conditions of Mr. Ali Wazir; and
recalls
that
international human rights standards reflected in General Comment No. 35 of the United Nations
Human Rights Committee specify that pretrial detention “shall be the exception rather than the
rule”, should not be general practice, and should never apply automatically to all those charged
with a certain crime;
Considers
that the Pakistani Parliament has a vested interest in helping ensure that the human
rights of all their members are fully protected, irrespective of their posture or allegiance;
is
deeply concerned,
as mentioned by the United Nations Human Rights Committee in its latest
concluding observations, by the high incidence of arbitrary arrest and detention, mistreatment and
extra-legal use of force allegedly committed by security forces, and that such allegations remain
largely unpunished;
Recalls
that impunity, by shielding those responsible from judicial action and accountability,
decisively encourages the perpetration of further human rights violations, and that violations
against members of parliament, when left unpunished, not only violate the fundamental rights of
individual parliamentarians and of those who elected them, but also affect the integrity of
parliament and its ability to fulfil its role as an institution;
is deeply alarmed
that all of the latest
cases concerning Pakistan before the IPU Committee are marked by a persistent pattern of
impunity;
firmly believes
that such cases will continue to emerge as long as the underlying factors
behind this pattern of impunity are addressed and perpetrators of violations are held to account;
and
calls
on the parliamentary authorities to exercise their oversight function to ensure that the
perpetrators of violations committed against Mr. Wazir, including the authors of the attacks against
him on 21 June 2022, are identified and brought to justice;
Calls on
the Parliament of Pakistan
to use its powers to carry out a full review of its legislation,
including the Pakistan Penal Code and the Anti-Terrorism Act, and to abolish or amend it in line
with Pakistan’s international human rights obligations, including the obligation to criminalize torture
and mistreatment;
calls on
the authorities to make use of the expertise of the United Nations
special procedures, including the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression, to ensure that existing legislation is amended so as
to comply with applicable international human rights standards;
and
wishes to receive
information on all actions taken to this effect;
Affirms
that the IPU stands ready to provide assistance upon request aimed at building the
capacities of parliament and other public institutions to identify any underlying issues that have
given rise to the current case and to rectify such issues, including with regard to the legislation
and procedures implemented in the case; and
requests
the competent authorities to provide
further information on how the IPU could best provide such assistance;
Requests
the Secretary General to convey this decision to the parliamentary and other relevant
national authorities, the complainant and any interested third party likely to be in a position to
supply relevant information to assist the Committee in its work;
Requests
the Committee to continue examining this case and to report back to it in due course.
3.
4.
5.
6.
7.
8.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0027.png
- 25 -
CL/211/14(c)-R.2
Manama, 15 March 2023
Senegal
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
Dakar's mayor and head of the African Union’s observation team, Khalifa
Ababacar Sall, speaks during a press conference, on 13 March 2011,
AFP Photo/Seyllou
SEN-07 – Khalifa Ababacar Sall
Alleged human rights violations
A.
Arbitrary arrest and detention
Lack of due process at the investigation stage and lack
of fair trial proceedings
Failure to respect parliamentary immunity
Summary of the case
Case SEN-07
Senegal:
Parliament affiliated to the IPU
Victim:
Opposition member of parliament,
mayor of Dakar
Qualified complainant(s):
Section I.(1)(a)
of the Committee Procedure (Annex I)
Submission of complaint:
November 2017
Recent IPU decision:
October 2018
IPU mission(s):
- - -
Recent Committee hearing:
Hearing with
the Senegalese delegation to the 146
th
IPU
Assembly (March 2023)
Recent follow-up
- Communication from the authorities:
Letter from the Speaker of the National
Assembly (January 2019)
- Communication from the complainant:
March 2021
- Communication to the authorities: Letter
to the Speaker of the National Assembly
(February 2023)
- Communication to the complainant:
February 2023
Mr. Khalifa Ababacar Sall was elected as a member of
parliament in July 2017, while he was on remand in custody
in connection with accusations of misappropriation of public
funds. On 25 November 2017, at the request of the Public
Prosecutor, the National Assembly lifted Mr. Sall's
parliamentary immunity.
At the conclusion of a trial that lasted nearly two and a half
months, Mr. Sall was sentenced on 30 March 2018 to a five-
year prison sentence without parole and a fine of
5 million CFA francs, for forgery and use of forgery in
business documents, forgery and use of forgery in
administrative documents, and fraud involving public funds.
Having had Mr. Sall’s case referred to it, the Court of Justice
of the Economic Community of West African States
(ECOWAS) raised several irregularities in the conduct of the trial and preliminary investigation. The
ECOWAS court’s findings and the irregularities it raised were not taken into account by the Court of
Appeal, which upheld the first-instance judgment on 30 August 2018. Mr. Sall’s lawyers withdrew from
the appeal process in order to denounce the arbitrary nature of the trial. They then took the case to the
Supreme Court (Court of Cassation), the last possible remedy. On 3 January 2019, the Supreme
Court dismissed all the appeals brought by Mr. Sall on the grounds that they were "inadmissible or ill-
founded" and upheld his sentence.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 26 -
Once the conviction had been upheld, Mr. Sall’s parliamentary mandate was permanently revoked by
the Bureau of the National Assembly. From his cell, Mr. Sall applied to stand in the 2019 presidential
elections, but his candidacy was declared inadmissible by the Constitutional Court. Pardoned by the
President of the Republic, Mr. Sall was released on 29 September 2019. The Electoral Code of
Senegal provides that persons who, as a result of a conviction, have been disqualified from voting,
cannot – once rehabilitated or amnestied – be refused registry on the electoral roll.
In September 2022, the President of the Republic reportedly instructed the Minister of Justice to
examine, as soon as possible, the possibility and appropriate form of amnesty for persons who had
lost their right to vote. At the hearing held at the 146
th
IPU Assembly, the Senegalese delegation
confirmed that a draft amnesty law was being prepared and that targeted IPU assistance in that regard
would be useful and welcome.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Thanks
the Senegalese delegation for the information provided and for having met with the
members of the Committee on the Human Rights of Parliamentarians at the 146
th
IPU Assembly
for a constructive discussion on the case under consideration and related concerns;
Notes with satisfaction
Mr. Sall’s release following a presidential pardon in September 2019 and
the information provided by the Senegalese delegation to the 146
th
IPU Assembly that a draft
amnesty law is being prepared at the national level;
notes
that Mr. Sall’s situation is not an
isolated case, as at least another opposition candidate (see case SEN-08) could be definitively
excluded from the presidential race in 2024 following a possible conviction;
considers
in this
regard that an amnesty scheme covering Mr. Sall's situation and enabling him to regain full
enjoyment of his civil rights would be an appropriate means of obtaining a satisfactory
settlement of this long-standing case;
recalls,
nevertheless, that any amnesty law must meet a
number of specific criteria in order to be compatible with international human rights standards;
Notes with interest
the statement made by the Senegalese delegation to the 146
th
IPU
Assembly that parliament would like to receive the IPU's assistance in preparing the new
amnesty law;
reaffirms
in this regard that the IPU stands ready to provide targeted assistance
concerning the amnesty scheme under preparation, if officially requested; and
invites
the
parliamentary authorities to provide further information on how the IPU could best provide such
assistance;
Requests
the Secretary General to convey this decision to the parliamentary authorities of
Senegal and to the complainant;
Requests
the Committee to continue examining this case and to report back to it in due course.
2.
3.
4.
5.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0029.png
- 27 -
CL/211/14(c)-R.2
Manama, 15 March 2023
Senegal
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
Senegalese opposition leader Ousmane Sonko talks to the media at his
party's headquarters in Dakar on 8 March 2021 | Seyllou / AFP
SEN-08 – Ousmane Sonko
Alleged human rights violations
A.
Arbitrary arrest and detention
Lack of due process at the investigation stage
Violation of freedom of opinion and expression
Failure to respect parliamentary immunity
Summary of the case
Case SEN-08
Senegal:
Parliament affiliated to the IPU
Victim:
Opposition member of parliament
Qualified complainant:
Section I.1(a) of
the Committee Procedure (Annex I)
Submission of complaint:
March 2021
Recent IPU decision:
May 2021
Recent IPU mission(s):
- - -
Recent Committee hearing:
Hearing with
the Senegalese delegation at the 146
th
IPU Assembly in Manama (March 2023)
Recent follow-up:
- Communication from the authorities:
Letter from the Speaker of the National
Assembly (October 2022)
- Communication from the complainant:
February 2023
- Communication to the authorities:
Letter to the Speaker of the National
Assembly (February 2023)
- Communication to the complainant:
February 2023
Mr. Ousmane Sonko is president of
PASTEF-Les Patriotes,
a
Senegalese opposition party. He was a member of the National
Assembly in the previous legislature (2017–2022) and has his
sights set on high office. Mr. Sonko came third in the 2019
presidential elections and has officially announced that he would
run in the 2024 presidential elections. According to the
complainant, the present case is part of ongoing efforts by the
ruling party to remove any possibility of change in political
leadership.
On 8 February 2021, Mr. Sonko was summoned by the
Section de
recherche de la Gendarmerie nationale
(National Gendarmerie's
Research Section) after a complaint of rape was filed against him,
an offence he categorically denied. On the same day, the Public
Prosecutor requested the opening of a judicial investigation and the investigating judge requested the
lifting of Mr. Sonko’s parliamentary immunity. The National Assembly plenary voted in favour of lifting
his immunity on 26 February 2021.
On 3 March 2021, Mr. Sonko was summoned to court and went accompanied by a crowd of activists.
According to the complainant, the procession was stopped half way by security forces, who arrested
Mr. Sonko. The complainant alleges several irregularities concerning Mr. Sonko’s detention, the
criminal proceedings and the procedure for lifting parliamentary immunity.
According to the parliamentary authorities, the case is not of a political nature and procedures have
been followed. On the day he was summoned by the judge, Mr. Sonko allegedly mobilized members
and supporters of his party and refused to follow the route designated by the law enforcement
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0030.png
CL/211/14(c)-R.2
Manama, 15 March 2023
- 28 -
authorities, thus creating serious public disorder problems. All this took place against a background of
a ban on gatherings and demonstrations, following the health emergency declared because of
COVID-19. These acts of public disorder were reportedly the reason for his arrest and detention for
insurgency and practices and acts likely to disrupt public security, which are offences provided for and
punished in the Senegalese Criminal Code.
Mr. Sonko was released under judicial supervision on 8 March 2021. The Public Prosecutor dropped
the initial charges brought against him for public disorder. In September 2022, the complainant stated
that the investigation into the allegations of rape was ongoing, which the parliamentary authorities
confirmed in an official letter dated 11 October 2022. On 3 November 2022, Mr. Sonko was heard by
the senior judge in charge of the case. According to the complainant, Mr. Sonko refused to submit to a
DNA test requested by the Court as, according to him, the case brought against him was “a plot”.
Given that the list of candidates for the proportional vote submitted by his coalition, on which he was
included, had been declared inadmissible, Mr. Sonko could not participate in the legislative elections
of July 2022 as a candidate.
On 6 February 2023, Mr. Sonko was forcibly taken out of his car by police officers and taken to his
home in an armoured van after having appeared before the court.
At the hearing held during the 146
th
IPU Assembly, the Senegalese delegation reiterated that the case
was not of a political nature, that Mr. Sonko’s rights had been respected throughout the procedure and
that justice should follow its course.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Thanks
the Senegalese delegation for the information it communicated and for having met with
the members of the Committee on the Human Rights of Parliamentarians during the 146
th
IPU
Assembly to discuss in a constructive manner the case being examined and the concerns
therein;
Underlines
that Mr. Sonko has his sights set on the State’s highest office, that he came third in
the presidential election in 2019 and that he announced that he would run in the 2024
presidential elections;
notes
that Mr. Sonko’s case is not an isolated case as in the past other
opposition candidates (see case SEN-07) were definitively excluded from the presidential race
after being convicted by the courts and that currently, in view of the circumstances, Mr. Sonko
could also find himself deprived of his civil rights following a possible conviction against him;
notes also
that Mr. Sonko was not able to take part as a candidate in the legislative elections in
July 2022 as a candidate;
Recalls
that, according to both the letter and spirit of the IPU
Universal Declaration on Democracy,
the key to the functioning of democracy is the holding of free elections at regular intervals enabling
the people’s will to be expressed on the basis of universal, equal and secret suffrage so that all
voters can choose their representatives in conditions of equality, openness and transparency;
consequently,
notes with concern
the complainant's allegations that Mr. Sonko is the subject of
politically motivated prosecution intended to invalidate his candidacy in the forthcoming
presidential elections;
urges,
in this respect, the competent authorities to take all necessary
measures to ensure that the conditions for the holding of such elections are met for the opposition
candidates and their supporters to exercise their fundamental right to take part in the conduct of
public affairs on an equal footing with the ruling party and its supporters; and
calls on
the
parliamentary authorities to provide information on any measures taken to this end;
Expresses
its hope that the ongoing trial against Mr. Sonko will lead to a final judicial decision
without delay, following an independent and impartial procedure, and in full compliance with the
relevant national and international standards, including the rights of the alleged rape victim; and
requests
the parliamentary authorities to provide information on any relevant developments in
the proceedings;
2.
3.
4.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
- 29 -
CL/211/14(c)-R.2
Manama, 15 March 2023
5.
6.
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0032.png
CL/211/14(c)-R.2
Manama, 15 March 2023
- 30 -
Somalia
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
Amina Mohamed Abdi ©AMISOM
SOM-13 – Amina Mohamed Abdi
Alleged human rights violations
A.
Murder
Summary of the case
Case SOM-13
Somalia:
Parliament affiliated to the IPU
Victim:
Opposition member of parliament
Qualified complainant:
Section I.1(d) of
the Committee Procedure (Annex I)
Submission of complaint:
June 2022
Recent IPU decision:
October 2022
Recent IPU Mission(s):
- - -
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication(s) from the authorities:
---
- Communication from the complainant:
March 20223
- Communication to the authorities:
Letter to the Speaker of the House of
the People (February 2023)
- Communication to the complainant:
March 2023
Ms. Amina Mohamed Abdi entered parliament in 2012; she was
re-elected in 2016 and remained a member of the House of the
People until her assassination in March 2022.
According to the complainant, Ms. Amina Mohamed Abdi was killed
on 23 March 2022 as she left a polling station in the constituency of
Beledweyne. Reportedly, a suicide bomber ran up to hug her and
detonated his explosive vest, killing her and many others. According
to media reports, the al-Shabaab jihadist insurgent group claimed
responsibility for the attack, which was followed by another blast at
the hospital of Beledweyne, ostensibly to ensure that all survivors
taken there for treatment were killed. The then President, Mohamed
Abdullahi Mohamed (also known as Farmaajo), condemned the
attacks and the then Prime Minister, Mohamed Hussein Roble,
urged the security agencies to carry out an investigation into the
murder.
The complainant claims that, despite the official position alleging that al-Shabaab was behind the
murder, Ms. Abdi was in fact the victim of a State-sponsored attack due to her fearless efforts to
investigate the disappearance of Ms. Ikran Tahlil, a young female civil servant who was allegedly killed
by agents from the National Intelligence and Security Agency (NISA) in June 2021. Several high-
ranking officials, including former Prime Minister Roble, have publicly stated that the killing of Ms. Abdi
was an attempt to disrupt justice in Ms. Tahlil’s case. In September 2021, Prime Minister Roble had
dismissed the NISA chief following Ms. Tahlil’s disappearance, leading to tensions with President
Farmaajo, who proceeded to withdraw the Prime Minister’s executive powers.
Since the death of Ms. Abdi, the complainant asserts that a suspect has been identified and
apprehended by the authorities. A man named Mohamed Abdi Nuur (also known as Dr. Fanah) has
testified that he was tasked with organizing the attack by a regional deputy of the al-Shabaab armed
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
- 31 -
CL/211/14(c)-R.2
Manama, 15 March 2023
group on behalf of high-ranking Somalian officials with links to the insurgency group. However, the
complainant reports that the relevant segments of the video recording of that testimony have been
removed. The complainant alleges that this was done to mislead the public into concealing the true
mastermind of the murder as well as the collusion of certain State officials with al-Shabaab.
Somalia is facing an increase in violent armed attacks as part of a decades-long civil war against
insurgent groups. In past cases before the IPU Committee on the Human Rights of Parliamentarians, the
federal authorities have not been able to investigate the murder of parliamentarians due to structural
challenges plaguing the country’s judicial system. The complainant is of the view that the justice system
is not reliable due to the normalization of impunity for violent crimes and chronic corruption, and calls for
an international investigation of the murder.
Following the May 2022 elections, there was a peaceful transfer of power in June 2022, raising hopes for
a more democratic and peaceful future for the country. The newly elected President, Hassan Sheikh
Mohamud, appointed Mr. Hamza Abdi Barre as Prime Minister. Both belong to the same party as
Ms. Abdi, the Union for Peace and Development Party.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Condemns
the brutal murder of Ms. Amina Abdi;
stresses
that this vicious crime must not be left
unpunished and that all those responsible for Ms. Abdi’s death must be held to account in
keeping with principles of accountability and human rights law;
urges
parliament – within the
boundaries of the separation of powers – to help ensure that justice is done and thereby send a
strong signal that the assassination of a parliamentarian will not be left unpunished;
calls on
the
Somalian authorities to do their utmost to ensure that justice is done; and
wishes
to receive
information on any steps made by the authorities in that regard;
Regrets
that the Somalian parliamentary authorities were not able to meet with the IPU
Committee on the Human Rights of Parliamentarians during the 146
th
IPU Assembly, despite
the invitation extended by the Committee; and
recalls
in this regard that the Committee does
everything possible, in accordance with its Rules and Practices, to promote dialogue with the
authorities of the country concerned, and primarily with its parliament, so as to achieve a
satisfactory resolution in the cases before it;
Acknowledges
the efforts undertaken thus far to identify the culprits and try one of the suspects,
an individual under the name of Mohamed Abdi Nuur, also known as Dr. Fanah, as reported by
the complainant;
is shocked
by the testimony of the suspected organizer of the attack about the
manner in which the attack was allegedly planned and carried out;
is disturbed
by allegations put
forward by the complainant that certain high-ranking state officials are behind this vicious attack as
a reprisal for Ms. Abdi’s advocacy for accountability in the case of the enforced disappearance of
Ms. Ikran Tahlil; and
wishes
to receive the official views of the authorities on these allegations and
to know whether the investigation into the murder is taking this lead into account;
Affirms
that the IPU stands ready to provide assistance, if so requested, aimed at building the
capacities of parliament and other public institutions to identify any underlying issues that may
deter the resolution of this case and to rectify such issues, given the sizeable challenges faced
by state institutions in Somalia and the recent efforts aimed at a transition towards peace and
democracy based on the rule of law;
requests
the competent authorities to provide further
information on how the IPU could best provide such assistance;
and
calls on
the authorities to
make use of the expertise of the United Nations special procedures, including the Independent
Expert on the situation of human rights in Somalia, to ensure accountability in this case;
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainants and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
2.
3.
4.
5.
6.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0034.png
CL/211/14(c)-R.2
Manama, 15 March 2023
- 32 -
Uganda
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
© National Unity Platform
UGA-24 – Allan Aloizious Ssewanyana
UGA-25 – Muhammad Ssegirinya
Alleged human rights violations
A.
Abduction
Torture, ill-treatment and other acts of violence
Arbitrary arrest and detention
Inhumane conditions of detention
Lack of due process at the investigation stage
Lack of fair trial proceedings
Failure to respect parliamentary immunity
Summary of the case
Case UGA-Coll-02
Uganda:
Parliament affiliated to the IPU
Victims:
Two male opposition members of
parliament
Qualified complainant(s):
Section I.1(a) of
the Committee Procedure (Annex I)
Submission of complaint:
January 2022
Recent IPU decision:
October 2022
IPU mission(s):
- - -
Recent Committee hearing:
Hearing with
the Ugandan delegation to the 145
th
IPU
Assembly (October 2022)
Recent follow-up:
- Communication from the authorities:
January 2023
- Communication from the complainant:
February 2023
- Communication to the authorities: Letter
to the Speaker of the National Assembly
(February 2023)
- Communication to the complainant:
February 2023
The case concerns allegations of human rights violations,
including,
inter alia,
arbitrary detention, torture, inhumane
conditions of detention and lack of fair trial proceedings,
affecting two opposition members of parliament in Uganda.
On 7 September 2021, the Hon. Muhammad Ssegirinya was
arrested together with the Hon. Allan Aloizious Ssewanyana
by the Ugandan police on allegations that the two
parliamentarians were involved in the murder of two
individuals and the attempted murder of a third person. They
were charged with the offences of murder, terrorism, aiding
and abetting terrorism and attempted murder. All these crimes were purportedly committed on 23 August
2021 in Masaka District. The two members of parliament were subsequently remanded in custody and
held in Kigo Government Prison. On 21 September 2021, both members of parliament were granted bail
by the High Court of Uganda sitting in Masaka.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
- 33 -
CL/211/14(c)-R.2
Manama, 15 March 2023
The complainant states that, on 24 September 2021, after having paid bail, Mr. Ssewanyana was
released from Kigo Government Prison but was immediately attacked at the prison gate, manhandled
and abducted by gun-wielding men in plain clothes, who whisked him away to an unknown
destination. On 27 September 2021, Mr. Ssegirinya was also released from Kigo Government Prison,
but he too was immediately abducted at the prison gate by similarly dressed men wielding heavy
weapons and whisked away to an unknown destination.
On 30 September 2021, after days of detention at unknown detention facilities, the two members of
parliament were summoned to the Chief Magistrate's Court in Masaka and read additional charges.
According to the complainant, they appeared frail and informed the court that they had been brutally
tortured through physical beatings while in detention. On the occasions the members of parliament re-
appeared in court to hear their cases, they showed physical, festering wounds and complained of
torture and humiliation while in detention. The complainant also states that the members of parliament
informed the presiding judge that they had been prevented from receiving medical attention by a
doctor of their choice and that they had been banned from receiving any visitors, including family
members, while in prison.
At the hearing held during the 145
th
IPU Assembly (October 2022), the Ugandan delegation stated that
the two members of parliament had been arrested under section 21(1)(h) and (i) of the Police Act,
Chapter 303, of the Laws of Uganda, which both obliges and empowers the police to “detect and bring
offenders to justice” and to “apprehend all persons whom he or she is legally authorised to apprehend
and for whose apprehension sufficient grounds exist”. The delegation also informed the IPU
Committee on the Human Rights of Parliamentarians (CHRP) that the privileges and immunities of
members of parliament as provided for in Ugandan legislation did not grant immunity from criminal
proceedings. Regarding action taken by parliament, the delegation reported that on several occasions
the Human Rights Committee of the Parliament of Uganda had visited the two members of parliament
in Kigo Prison and Mulago National Referral Hospital in the presence of their legal representatives
and, in the case of Mr. Ssegirinya, in the presence of his private doctor. The parliamentary committee
also interviewed the prison authorities, the two parliamentarians concerned and other stakeholders.
The matter of the incarceration of the two members of parliament had been discussed 10 times on the
floor of parliament since their arrest and the Government has updated parliament on the situation of
both members of parliament. On 7 September 2022, in her communication to parliament, the Speaker
of Parliament called for the expeditious trial of Mr. Ssewanyana and Mr. Ssegirinya. The Ugandan
delegation also provided the CHRP with copies of excerpts from the parliamentary proceedings in this
regard. In a letter dated 20 January 2023, the Speaker of Parliament provided the official views and
observations regarding the case and confirmed that the request for a visit by a CHRP delegation
would be brought to the attention of the Ministry of Foreign Affairs for consideration.
According to the complainant, on 13 February 2023, the two members of parliament were granted bail
and transferred to hospital for urgent medical attention. The bail applications were based on what their
lawyers said were medical conditions that required treatment, which the prison facilities were failing to
provide.
A trial observer mandated by the IPU travelled to Uganda on 11 February and on 6 March 2023 to
observe the proceedings against the two members of parliament. The observer reported that, although
the hearings had finally been adjourned on both occasions, the presiding judge gave opportunities to
both parties, the prosecution and defence, to present their cases, that the general court atmosphere
was calm and that court workers were cooperative with the observer. The defence also notified the
court of its intention to file a petition before the Constitutional Court wherein it would seek to challenge
the entire process.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Thanks
the Speaker of Parliament for the information provided in writing in January 2023; and
takes note with appreciation
of steps taken by the Parliament of Uganda to monitor the
situation of Mr. Ssewanyana and Mr. Ssegirinya, which included efforts made by the Standing
Committee on Human Rights of the Parliament of Uganda to visit the members of parliament in
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0036.png
CL/211/14(c)-R.2
Manama, 15 March 2023
- 34 -
prison and regularly interact with the Commissioner General of the Uganda Prison Service to
request periodical reports on the status of the detained members of parliament;
2.
Welcomes
the release on bail of the two members of parliament and the fact that they have
been able to receive specialized medical attention;
remains concerned,
however,
about the
impunity that seemingly reigns with regard to the perpetrators of the alleged acts of torture
committed against them while in detention;
calls on
parliament, once again, to continue using its
powers effectively to ensure that these allegations are fully investigated, followed by whatever
steps are warranted as a result to ensure accountability; and
wishes
to be kept informed of
progress made in this regard;
Notes with interest
that the Ugandan Parliament has brought the CHRP’s request for a mission
to Uganda to the attention of the Ministry of Foreign Affairs for consideration;
is confident
that, in
light of this new development and the renewed assurances of support provided by the Ugandan
delegation that met with the CHRP during the 145
th
IPU Assembly, a CHRP delegation can soon
travel to Uganda to meet with all relevant authorities exercising legislative, executive or judicial
powers, the prison authorities and any other institution, civil society organization or individual in
a position to provide relevant information regarding the situation of Mr. Ssewanyana and
Mr. Ssegirinya;
calls on
the parliamentary authorities to do their utmost to obtain a response from
the executive authorities regarding such a mission as soon as possible; and
hopes
that the
competent national authorities will cooperate fully to help the mission find swift satisfactory
solutions to this case in accordance with applicable national and international human rights
standards, and to obtain first-hand information on the status of the implementation of the
CHRP’s recommendations following its
mission
to Uganda in 2020;
Notes also with interest
that a trial observer mandated by the IPU has been able to follow the
proceedings on the ground;
decides,
in this regard, to mandate a new a trial observer to
continue monitoring the upcoming court proceedings; and
wishes
to be kept informed of the
dates of future hearings when available and of any other relevant judicial developments in the
case, including regarding the outcomes of a possible constitutional petition that could be filed by
the lawyers of the two members of parliament;
Requests
the Secretary General to convey this decision to the Speaker of Parliament, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
3.
4.
5.
6.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0037.png
- 35 -
CL/211/14(c)-R.2
Manama, 15 March 2023
Uganda
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
© Betty Nambooze
Case UGA-26
Uganda:
Parliament affiliated to the IPU
Victims:
A female opposition member of
parliament
Qualified complainant(s):
Section I.1(a) of
the Committee Procedure (Annex I)
Submission of complaint:
February 2023
Recent IPU decision(s):
- - -
IPU mission(s):
- - -
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication(s) from the authorities:
---
- Communication from the complainant:
February 2023
- Communication to the authorities: Letter
to the Speaker of the National Assembly
(March 2023)
- Communication to the complainant:
February 2023
UGA-26 – Betty Nambooze
Alleged human rights violations
A.
Torture, ill-treatment and other acts of violence
Threats, acts of intimidation
Arbitrary arrest and detention
Inhumane conditions of detention
Lack of fair trial proceedings
Other acts obstructing the exercise of the parliamentary
mandate
Summary of the case
According to the information provided by the complainant,
Ms. Betty Nambooze, a member of parliament of the Parliament
of Uganda, was beaten by a group of security operatives on
27 September 2017 while she was in parliament. The events
took place against the backdrop of controversial debates in
parliament about the Constitution Amendment Bill No. 2 of
2017.
The complainant reports that during a violent incident in parliament that day, a group of state security
operatives attacked Ms. Nambooze. They forced her body into uncomfortable contortions, including
forcing her shoulders, arms and hands towards each other behind her back while one of them applied
a lot of pressure on her back using his knee. She was then arrested and transferred to the
headquarters of the Special Investigations Unit of the Uganda police force located in Kireka, where
she remained for seven hours without receiving medical attention, despite her deteriorating condition
and her specific requests in that regard. None of her children, her husband, or friends were permitted
to see her, even though they were present at the police station.
After Ms. Nambooze’s release, towards midnight on 27 September 2017, she was driven in a police
vehicle to Bugolobi Medical Centre where she was admitted for over a fortnight. Subsequent medical
examinations revealed that, as a result of the beatings and contortions inflicted, three discs within her
lower vertebrae had become compressed, thereby endangering her spinal cord. The complainant
asserts that, in violation of Ms. Nambooze’s privacy, security men and women forced themselves into
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 36 -
the examination rooms and forcefully read through all reports and notes that were being written as she
went through tests and treatment.
Ms. Nambooze travelled to India for surgery and treatment. The complainant claims that pleading with
the government medical and administrative departments in charge to allow and enable her to travel
took a total of one and a half months, during which time she was hospitalized in Kampala without
receiving the specialized treatment required. Ms. Nambooze returned to Uganda in late November
2017. As she was preparing to travel back to India for a check-up in June 2018, and still in the process
of healing, she was re-arrested on charges of “offensive communication” and manhandled again by
security officers. According to the complainant, Ms. Nambooze remained immobile in a prison cell for
nearly a week, unable to sit up or stand and in constant pain. She was then transferred to a
hospital
but, on the way, a police vehicle struck the ambulance.
In
the collision, her spine was further
damaged, and her knee was severely injured. Doctors later determined that one of the metal screws
implanted in her back had been dislodged and was pressing on a major nerve.
Ms. Nambooze was finally given bond and flown to India for another round of surgery in July 2018.
According to the complainant,
five years later she is still experiencing pain and still undergoing tough
medical treatment. No action has been taken by the national authorities to identify and punish those
responsible for the above-described events.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning the situation of Ms. Betty Nambooze is admissible,
considering that the complaint: (i) was submitted in due form by a qualified complainant under
section I.1(a) of the Procedure for the examination and treatment of complaints (Annex I of the
Revised Rules and Practices of the Committee on the Human Rights of Parliamentarians);
(ii) concerns an incumbent member of parliament at the time of the initial allegations; and
(iii) concerns allegations about torture, ill-treatment and other acts of violence; threats, acts of
intimidation; arbitrary arrest and detention; inhumane conditions of detention; lack of fair trial
proceedings; other acts obstructing the exercise of the parliamentary mandate, allegations
which fall within the mandate of the IPU Committee on the Human Rights of Parliamentarians
(the Committee);
Expresses deep concern
at the alleged treatment suffered by Ms. Nambooze, all the more so
given the apparent irreparable damage to her health; and
considers
that the allegations in this
case have to be seen in the context of the Committee’s concerns in other existing cases in
Uganda about the lack of respect for the physical integrity of members of the opposition and the
lack of accountability whenever they are subject to ill-treatment or torture;
Suggests
that the situation of Ms. Nambooze also be included in the mandate of the
Committee’s mission to Uganda that is already planned with regard to other Ugandan cases
before the Committee;
calls on
the parliamentary authorities to do their utmost to obtain a
response from the executive authorities as soon as possible with regard to the organization of this
mission; and
requests
the parliamentary authorities in the meantime to provide in writing the
official views on the allegations made by the complainant with respect to Ms. Nambooze’s
situation;
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
2.
3.
4.
5.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0039.png
- 37 -
CL/211/14(c)-R.2
Manama, 15 March 2023
Uganda
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
© Twitter @AdekeAnna
UGA-27 – Anna Adeke Ebaju
Alleged human rights violations
A.
Threats, acts of intimidation
Arbitrary arrest and detention
Violation of freedom of opinion and expression
Violation of freedom of assembly and association
Summary of the case
Case UGA-27
Uganda:
Parliament affiliated to the IPU
Victim:
A female opposition member of
parliament
Qualified complainant(s):
Section I.1(a) of
the Committee Procedure (Annex I)
Submission of complaint:
February 2023
Recent IPU decision(s):
- - -
IPU mission(s):
- - -
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication(s) from the authorities:
---
- Communication from the complainant:
February 2023
- Communication to the authorities: Letter
to the Speaker of the National Assembly
(March 2023)
- Communication to the complainant:
February 2023
On 23 May 2022, Ms. Adeke was arrested along with
another member of parliament and three other political
activists following a standoff with police at Kasangati Town in
Wakiso District. According to the complainant, they
attempted to make their way to the home of former
presidential candidate, Dr. Kizza Besigye, who had been
detained earlier that same day. They were granted bail and
released afterwards. The complainant reports that
Ms. Adeke had been arrested about 10 times in recent years
because of her political views and activities.
During the Soroti City East by-election on 28 July 2022, security forces allegedly broke into Ms.
Adeke’s house with the intention of intimidating her. They broke her bedroom door down while looking
for her and conducted a search of the entire house. People who were found in her house, many of
whom were political activists, were reportedly beaten, pepper-sprayed, tear-gassed and arrested.
According to the complainant, the security forces conducted an operation that day that led to the arrest
of around 80 supporters and agents of her political party, the Forum for Democratic Change. The
police refused to register Ms. Adeke’s complaint when she went to report it in Soroti City on 29 July
2022.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
B.
Decision
- 38 -
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning the situation of Ms. Anna Adeke Ebaju is admissible,
considering that the complaint: (i) was submitted in due form by a qualified complainant under
section I.1(a) of the Procedure for the examination and treatment of complaints (Annex I of the
Revised Rules and Practices of the Committee on the Human Rights of Parliamentarians);
(ii) concerns an incumbent member of parliament at the time of the initial allegations; and
(iii) concerns allegations about threats and acts of intimidation; arbitrary arrest and detention;
violation of freedom of opinion and expression; violation of freedom of assembly and
association, allegations which fall within the Committee’s mandate;
Expresses deep concern
at the alleged some 10 arbitrary arrests and detentions of Ms. Adeke
and at the alleged unlawful conduct by security forces at her home on 28 July 2022; and
considers
that the allegations in this case have to be seen in the context of the Committee’s
concerns in other existing cases in Uganda about intimidation by state agents, through legal and
physical means, of members of the opposition and the lack of accountability when these
transgressions occur, as also appears to be borne out in this case by the lack of police action to
accept a complaint regarding what reportedly happened at Ms. Adeke’s home on 28 July 2022;
Suggests
that the situation of Ms. Adeke also be included in the mandate of the Committee’s
mission to Uganda that is already planned with regard to other Ugandan cases before the
Committee;
calls on
the parliamentary authorities to do their utmost to obtain a response from the
executive authorities as soon as possible with regard to the organization of this mission; and
requests
the parliamentary authorities in the meantime to provide in writing the official views on
the allegations made by the complainant with respect to Ms. Adeke’s situation;
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainants and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
2.
3.
4.
5.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0041.png
- 39 -
CL/211/14(c)-R.2
Manama, 15 March 2023
Venezuela
Decision adopted unanimously by the IPU Governing Council at its 211
th
session
(Manama, 15 March 2023)
MEXICO CITY, MEXICO, 26 NOVEMBER 2022: The dialogue and negotiation
process between the Government of the Bolivarian Republic of Venezuela and the
Unitary Platform of Venezuela resumed in Mexico city © Silvana Flores / ANADOLU
AGENCY / Anadolu Agency via AFP
VEN-10 – Biagio Pilieri
VEN-11 – José Sánchez Montiel
VEN-12 – Hernán Claret Alemán
VEN-13 – Richard Blanco
VEN-16 – Julio Borges
VEN-19 – Nora Bracho (Ms.)
VEN-20 – Ismael Garcia
VEN-22 – Williams Dávila
VEN-24 – Nirma Guarulla (Ms.)
VEN-25 – Julio Ygarza
VEN-26 – Romel Guzamana
VEN-27 – Rosmit Mantilla
VEN-28 – Renzo Prieto
VEN-29 – Gilberto Sojo
VEN-30 – Gilber Caro
VEN-31 – Luis Florido
VEN-32 – Eudoro González
VEN-33 – Jorge Millán
VEN-34 – Armando Armas
VEN-35 – Américo De Grazia
VEN-36 – Luis Padilla
VEN-37 – José Regnault
VEN-38 – Dennis Fernández (Ms.)
VEN-39 – Olivia Lozano (Ms.)
VEN-40 – Delsa Solórzano (Ms.)
VEN-41 – Robert Alcalá
VEN-42 – Gaby Arellano (Ms.)
VEN-43 – Carlos Bastardo
VEN-44 - Marialbert Barrios (Ms.)
VEN-45 – Amelia Belisario (Ms.)
VEN-86 – Edgar Zambrano
VEN-87 – Juan Pablo García
VEN-88 – Cesar Cadenas
VEN-89 – Ramón Flores Carrillo
VEN-91 – María Beatriz Martínez (Ms.)
VEN-92 – María C. Mulino de Saavedra (Ms.)
VEN-93 – José Trujillo
VEN-94 – Marianela Fernández (Ms.)
VEN-95 – Juan Pablo Guanipa
VEN-96 – Luis Silva
VEN-97 – Eliezer Sirit
VEN-98 – Rosa Petit (Ms.)
VEN-99 – Alfonso Marquina
VEN-100 – Rachid Yasbek
VEN-101 – Oneida Guaipe (Ms.)
VEN-102 – Jony Rahal
VEN-103 – Ylidio Abreu
VEN-104 – Emilio Fajardo
VEN-106 – Angel Alvarez
VEN-108 – Gilmar Marquez
VEN-109 – José Simón Calzadilla
VEN-110 – José Gregorio Graterol
VEN-111 – José Gregorio Hernández
VEN-112 – Mauligmer Baloa (Ms.)
VEN-113 – Arnoldo Benítez
VEN-114 – Alexis Paparoni
VEN-115 – Adriana Pichardo (Ms.)
VEN-116 – Teodoro Campos
VEN-117 – Milagros Sánchez Eulate (Ms.)
VEN-118 – Denncis Pazos
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
CL/211/14(c)-R.2
Manama, 15 March 2023
- 40 -
VEN-46 – Marco Bozo
VEN-48 – Yanet Fermin (Ms.)
VEN-49 – Dinorah Figuera (Ms.)
VEN-50 – Winston Flores
VEN-51 – Omar González
VEN-52 – Stalin González
VEN-53 – Juan Guaidó
VEN-54 – Tomás Guanipa
VEN-55 – José Guerra
VEN-56 – Freddy Guevara
VEN-57 – Rafael Guzmán
VEN-58 – María G. Hernández (Ms.)
VEN-59 – Piero Maroun
VEN-60 – Juan A. Mejía
VEN-61 – Julio Montoya
VEN-62 – José M. Olivares
VEN-63 – Carlos Paparoni
VEN-64 – Miguel Pizarro
VEN-65 – Henry Ramos Allup
VEN-66 – Juan Requesens
VEN-67 – Luis E. Rondón
VEN-68 – Bolivia Suárez (Ms.)
VEN-69 – Carlos Valero
VEN-70 – Milagro Valero (Ms.)
VEN-71 – German Ferrer
VEN-72 – Adriana d'Elia (Ms.)
VEN-73 – Luis Lippa
VEN-74 – Carlos Berrizbeitia
VEN-75 – Manuela Bolívar (Ms.)
VEN-76 – Sergio Vergara
VEN-78 – Oscar Ronderos
VEN-79 – Mariela Magallanes (Ms.)
VEN-80 – Héctor Cordero
VEN-81 – José Mendoza
VEN-82 – Angel Caridad
VEN-83 – Larissa González (Ms.)
VEN-84 – Fernando Orozco
VEN-85 – Franco Casella
Alleged human rights violations
VEN-119 – Karim Vera (Ms.)
VEN-120 – Ramón López
VEN-121 – Freddy Superlano
VEN-122 – Sandra Flores-Garzón (Ms.)
VEN-123 – Armando López
VEN-124 – Elimar Díaz (Ms.)
VEN-125 – Yajaira Forero (Ms.)
VEN-126 – Maribel Guedez (Ms.)
VEN-127 – Karin Salanova (Ms.)
VEN-128 – Antonio Geara
VEN-129 – Joaquín Aguilar
VEN-130 – Juan Carlos Velasco
VEN-131 – Carmen María Sivoli (Ms.)
VEN-132 – Milagros Paz (Ms.)
VEN-133 – Jesus Yanez
VEN-134 – Desiree Barboza (Ms.)
VEN-135 – Sonia A. Medina G. (Ms.)
VEN-136 – Héctor Vargas
VEN-137 – Carlos A. Lozano Parra
VEN-138 – Luis Stefanelli
VEN-139 – William Barrientos
VEN-140 – Antonio Aranguren
VEN-141 – Ana Salas (Ms.)
VEN-142 – Ismael León
VEN-143 – Julio César Reyes
VEN-144 – Ángel Torres
VEN-145 – Tamara Adrián (Ms.)
VEN-146 – Deyalitza Aray (Ms.)
VEN-147 – Yolanda Tortolero (Ms.)
VEN-148 – Carlos Prosperi
VEN-149 – Addy Valero (Ms.)
VEN-150 – Zandra Castillo (Ms)
VEN-151 – Marco Aurelio Quiñones
VEN-152 – Carlos Andrés González
VEN-153 – Carlos Michelangeli
VEN-154 – César Alonso
VEN-155 - Auristela Vásquez (Ms.)
Torture, ill-treatment and other acts of violence
Threats, acts of intimidation
Arbitrary arrest and detention
Lack of due process at the investigation stage
Excessive delays
Violation of the right to freedom of opinion and expression
Violation of freedom of assembly and association
Violation of freedom of movement
Abusive revocation or suspension of the parliamentary mandate
Failure to respect parliamentary immunity
Other acts obstructing the exercise of the parliamentary mandate
Impunity
Other violations: right to privacy
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0043.png
- 41 -
CL/211/14(c)-R.2
Manama, 15 March 2023
A.
Summary of the case
4
Case VEN-COLL-06
Venezuela:
Parliament affiliated to the IPU
Victims:
135 opposition members of
parliament (93 men and 42 women)
Qualified complainant(s):
Section I.(1)(c)
of the Committee Procedure (Annex I)
Submission of complaint:
March 2017
Recent IPU decision:
October 2022
IPU mission:
August 2021
The case concerns allegations of human rights violations
affecting 135 parliamentarians
5
from the coalition of the
Mesa
de la Unidad Democrática
(Democratic Unity Roundtable –
MUD), against the backdrop of continuous efforts by
Venezuela’s executive and judicial authorities to undermine
the functioning of the National Assembly elected in 2015. At
the time, the MUD coalition was opposed to President Nicolas
Maduro’s Government and obtained a majority of seats in the
National Assembly in the parliamentary elections of
6 December 2015. New parliamentary elections were held on
6 December 2020.
According to the complainant, almost all parliamentarians
Recent Committee hearings:
Hearings
listed in the present case have been attacked or otherwise
with members of the governing and
intimidated with impunity by law enforcement officers and/or
opposition parties at the 141
st
IPU Assembly
pro-government officials and supporters during
(October 2019)
demonstrations, inside parliament and/or at their homes. At
Recent follow-up:
least 11 National Assembly members were arrested reportedly
- Communication from the authorities:
due to politically motivated legal proceedings against them and
Note Verbale
from the Permanent
subsequently released. All were detained without due respect
Mission of Venezuela in Geneva
for the constitutional provisions on parliamentary immunity.
(September 2021)
There are also serious concerns regarding respect for due
- Communication from the complainant:
February 2023
process and their treatment in detention. People associated
- Communication to the authorities: letter
with opposition parliamentarians have also been detained and
to the executive authorities (December
harassed. At least 36 parliamentarians are in exile, six have
2022)
recently returned to Venezuela, 23 are engaged in court
- Communication to the complainant:
proceedings, and many of them have been barred from
February 2023
holding public office. The passports of at least
13 parliamentarians have been confiscated, not been renewed, or cancelled by the authorities,
reportedly as a way to exert pressure and to prevent them from travelling abroad to report what is
happening in Venezuela.
On 31 August 2020, President Nicolas Maduro pardoned 110 members of the political opposition who
had been accused of committing criminal acts. The decision meant the closure of ongoing criminal
proceedings against 26 parliamentarians listed in the present case and the release of four of them.
A joint mission, composed of members of both the IPU Committee on the Human Rights of
Parliamentarians (CHRP) and the IPU Executive Committee, visited Venezuela from 23 to 27 August
2021. The delegation was able to meet with a large variety of state authorities and stakeholders as
well as with more than 60 of the 135 parliamentarians elected in 2015 with cases under examination
by the CHRP, thereby obtaining first-hand information on their individual situations.
In August 2022, the complainant informed the Committee that, on 4 August 2022, Mr. Juan Requesens,
a parliamentarian elected in 2015, was sentenced to eight years in prison for his alleged involvement in
what the Venezuelan authorities defined as a failed assassination attempt involving drones carrying
explosives against President Nicolas Maduro in Caracas in 2018. During the same proceedings, the
judge issued an arrest warrant and an extradition request against Mr. Julio Borges, former Speaker of
the National Assembly, who is currently living abroad.
On 26 November 2022, the Unitary Platform of the Venezuelan political opposition and representatives
from President Nicolas Maduro’s Government resumed talks in Mexico City. The parties signed a
humanitarian agreement focused on education, health, food security, flood response and electricity
programmes that would benefit the Venezuelan people. Negotiations are expected to continue.
4
5
For the purposes of this decision, the term “opposition members of parliament” relates to parliamentarians from political
groups or parties whose decision-making power was limited in parliament and who were opposed to the ruling power.
In this decision, the use of the term “parliamentarian” should be construed as referring to both women and men elected
in 2015 as members of the National Assembly and by no means as expressing an opinion on the validity of their
parliamentary mandate at the present time.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
2681422_0044.png
CL/211/14(c)-R.2
Manama, 15 March 2023
- 42 -
According to the complainant and to publicly available information, on 7 January 2023, the 49th Court
of Control of the Criminal Judicial Circuit of the Metropolitan Area of Caracas issued an arrest warrant
against three parliamentarians elected in 2015, Ms.
Dinorah
Figuera, Ms.
Marianela
Fernández and
Ms. Auristela Vásquez, for “the alleged responsibility for the offences of usurpation of authority,
treason, conspiracy to commit crimes and money laundering”. All three are currently living in exile.
The complainant also reported that on 25 January 2023 the properties of Ms. Figuera and
Ms. Vásquez had been seized by the judicial authorities.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Remains deeply concerned
that Mr. Juan Requesens has been sentenced to eight years in
prison in a trial that, according to the complainant, failed to meet national and international
standards of due process, an allegation that seems credible if considered in the light of information
received during the IPU mission to Venezuela in August 2021;
is also concerned
that, during the
same proceedings, the judge reportedly issued an arrest warrant and an extradition request
against Mr. Julio Borges and that in January 2023 an arrest warrant was also issued against
Ms.
Dinorah
Figuera, Ms.
Marianela
Fernández and Ms. Auristela Vásquez;
reiterates its view
that Mr. Requesens’ continued deprivation of liberty since August 2018, first in
El Helicoide,
a
detention centre operated by the Bolivarian National Intelligence Service and then under house
arrest since August 2020, as well as the arrest warrants issued against Mr. Borges,
Ms. Figuera, Ms. Fernández and Ms. Vásquez should be seen as reprisals for their political
activities;
wishes
to receive official and detailed information on the facts justifying each of the
charges brought against them as well as copies of the relevant court decisions; and
urges
the
national authorities to take all necessary steps to ensure that the rights of Mr. Requesens,
Mr. Borges, Ms. Figuera, Ms. Fernández and Ms. Vásquez are fully respected;
Reaffirms
its long-standing position that the continued harassment of opposition
parliamentarians elected in 2015, despite the expiration of their mandate, is a direct
consequence of the prominent role they played as outspoken opponents of President Nicolas
Maduro’s Government and as members of the then opposition-led National Assembly;
urges
the
authorities, once again, to put an immediate end to all forms of persecution against the
opposition parliamentarians elected in 2015, to thoroughly investigate and establish
accountability for reported violations of their rights, and to ensure that all relevant state
authorities respect their human rights, including the right of those who are currently living in
exile to voluntarily return in safety to Venezuela; and
calls on
the Venezuelan authorities to
provide official information on any steps taken to this end;
Reiterates
that the issues involved in the present case are part of the broader complex situation
in Venezuela, which can only be resolved through inclusive political dialogue and by the
Venezuelans themselves and
welcomes
in this regard the resumption of the talks between
Government and opposition representatives;
firmly hopes
that discussions will continue and that
the outcomes of this process will allow the various national stakeholders, including civil society,
to work together to bring about a new social pact through participatory and non-violent means,
without foreign interference and in compliance with the State's international human rights
commitments, as well as to create the necessary conditions to conduct future elections
accepted by all parties;
reaffirms
the IPU's readiness to provide support for any effort to
strengthen democracy in Venezuela; and
calls on
the relevant authorities to provide further
information on how best to provide such assistance;
Recalls,
as stated in the IPU’s
Universal Declaration on Democracy,
that the “key element in the
exercise of democracy is the holding of free and fair elections…enabling the people's will to be
expressed … on the basis of universal, equal and secret suffrage so that all voters can choose
their representatives in conditions of equality, openness and transparency”;
expresses its hope,
therefore, that the outcomes of the ongoing dialogue will also contribute to guaranteeing that
opposition candidates, including all former opposition parliamentarians who have been barred
2.
3.
4.
 IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain
- 43 -
CL/211/14(c)-R.2
Manama, 15 March 2023
from holding public office and their supporters will be allowed to exercise their basic human right
to take part in the conduct of public affairs on a par with the ruling party and its supporters; and
encourages
the relevant authorities and the parties involved in the talks to take all necessary
measures in this regard;
5.
Renews
its call on all IPU Member Parliaments, IPU Permanent Observers, relevant human
rights organizations and the international community in general to take concrete actions in
support of the ongoing process of dialogue as well as of the resolution of the individual cases at
hand in a manner consistent with democratic and human rights values;
Requests
the Secretary General to convey this decision to the relevant Venezuelan institutions,
the complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
6.
7.
*
*
*