TOGO

Case N° TG/01 - MARC ATIDEPE Case N° TG/02 - TAVIO AMORIN Case N° TG/O3 - GASTON AZIADUVO EDEH

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session (October 1995) concerning the case of Mr. Marc Atidépé, Mr. Tavio Amorin, members of the High Council of the Republic (HCR) of Togo, and Mr. Gaston Aziaduvo Edeh, a member of the Togolese Parliament,

Considering that by letter dated 10 April 1996 the President of the National Assembly informed the Committee that he had transmitted a copy of its request for information to the Government in order to obtain the information sought, which he would convey as soon as it was in his possession,

Considering that no such information has reached the Committee by the time of its 73rd session held in conjunction with the 95th Inter-Parliamentary Conference in Istanbul (14-18 April 1996),

Considering also that the Prime Minister and the Minister of Justice, to whom requests for information were addressed, have remained silent,

Considering the communications from the sources dated 20 October and 27 December 1995 and 30 March 1996,

Recalling that Mr. Atidépé and Mr. Amorin, both members of the High Council of the Republic of Togo, the former transitional legislative body, were assassinated in May and July 1992, respectively; recalling that Mr. Edeh, MP-elect, was murdered in February 1994 and that, according to the sources, there is serious evidence that the murders were carried out by military personnel,

Recalling that Mr. Edeh was kidnapped together with two other members of his party from a car by military personnel and that their charred bodies were later discovered in a car on the outskirts of Lomé,

Considering that, according to one of the sources, one of the persons kidnapped managed to escape and is thus capable of recognizing the authors of the crime; that this person, who is living in exile, has never given testimony - out of fear - but would be prepared to do so,

Recalling that, in September 1994, the present Government authorities affirmed that no effort would be spared "in seeing that the authors and accessories of these crimes are found and tried in accordance with the law"; considering that they have consistently affirmed that investigations into these crimes are under way; considering, however, that almost two years later, they have not yet reported on any investigative action or results obtained although the investigations into the murders of Mr. Atidépé and Mr. Amorin have now been under way for almost four years,

Considering that, according to one of the sources, the cabinet reshuffle in November 1995, in which the former Minister of Justice was replaced by a person belonging to the President's faction, is not conducive to the proper conduct of the investigations,

1. Thanks the President of the National Assembly for having passed on the Committee's requests for information to the Government;

2. Deeply regrets that neither the Prime Minister nor the Minister for Justice has replied to the Committee's requests for information;

3. Cannot but infer from this silence that no progress has been made in the investigations into the murders of Mr. Amorin, Mr. Atidépé and Mr. Edeh, a fact which it deplores all the more since, at least in the case of Mr. Edeh, the identity of the killers is said to be well known;

4. Fears, in the absence of any indication that these investigations are progressing, that it will be led to conclude that the competent authorities are reluctant to shed light on these odious crimes and that the Togolese State may thus be considered to share responsibility by omission in the murders of these MPs;

5. Forcefully insists that the Togolese authorities have a duty, under national and international law, to dispense justice and thus to conduct thorough and diligent investigations into these crimes; again presses them to ensure that, in accordance with their assurances, these investigations are carried out promptly and diligently;

6. Repeats its wish to ascertain which authorities are responsible for the investigations;

7. Re-emphasizes that, in accordance with generally accepted standards of human rights, the families of the victims of such tragedies are in any case entitled to adequate material compensation;

8. Forcefully recalls that impunity constitutes a serious threat to democracy and human rights;

9. Requests the Secretary General to convey these considerations to the President of the National Assembly, the Prime Minister and the Minister of Justice of Togo and to any other government official or body that may be able to contribute to progress in this case;

10. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and to report to it at its next session (September 1996).