DJIBOUTI

CASE N° DJI/09 - AHMED BOULALEH BARREH
CASE N° DJI/10 - ALI MAHAMADE HOUMED
CASE N° DJI/11 - MOUMIN BAHDON FARAH

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 165th session (Berlin, 16 October 1999)

The Inter-Parliamentary Council,

Referring to the outline of the case of Mr. Ahmed Boulaleh Barreh, Mr. Ali Mahamade Houmed and Mr. Moumin Bahdon Farah, of Djibouti, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/165/12(b)­R.1), and to the relevant resolution adopted at its 164th session (April 1999),

Taking account of the information and observations supplied by the delegation of Djibouti to the 102nd IPU Conference, in particular of its invitation to conduct an on-site mission,

Recalling that, their immunity having been lifted, Mr. Boulaleh Barreh, Mr. Mahamade Houmed and Mr. Bahdon Farah were found guilty on 7 August 1996 of insulting the President of the Republic on account of having stated that the President ruled "by terror and force while trampling underfoot our Constitution", and sentenced each of them to six months' imprisonment, a fine and five years deprivation of their civic rights; that they were consequently unable to participate in the parliamentary elections of December 1995 and the presidential elections of April 1999,

Recalling that the trial had gone ahead despite a Constitutional Court ruling of 31 July 1996 that the lifting of their parliamentary immunity had been flawed,

Recalling that Mr. Bahdon Farah, a former Minister of Justice, has since been prosecuted on charges of misappropriation of seized goods, for retaining a stolen object and for involvement in an alleged coup d'Etat; that in the latter case he and Mr. Mahamade Houmed were found guilty on 12 September 1996 of "inciting disobedience in the armed forces with a view to harming the national defence" (Article 157 of the Penal Code) and sentenced to one year's imprisonment, suspended, two years on probation and a fine of one million Djibouti francs,

Considering that the appeal of the former MPs against this conviction was due to be heard on 13 October 1999; that, according to the sources, the French lawyer they had chosen was not issued the necessary visa despite the existence of a Franco-Djiboutian legal assistance convention; considering in this connection that, according to the Djibouti delegation to the 102nd IPU Conference, this convention does not automatically provide for French lawyers to plead in Court and that therefore the granting of a visa was a matter for the discretion of the competent authorities,

Considering its main concerns in this case, namely respect for the right to freedom of expression, which would be meaningless if it did not permit criticism of the Executive, respect for a ruling of the highest judicial instance in the country which is binding on all other State organs; considering further its concerns at the new judicial proceedings brought against Mr. Bahdon Farah and Mr. Mahamade Houmed and respect for their right to be assisted by a counsel of their own choosing,

Noting that its dialogue with the authorities of Djibouti has so far made no headway,

1. Is gratified that the delegation of Djibouti has invited the Committee to visit the country and to see matters for itself;
2. Requests the Secretary General to ascertain the possibility of arranging such a mission, subject to observance of the relevant IPU rules;
3. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April-May 2000).

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