CASE N° MOL/01 - ILIE ILASCU - REPUBLIC OF MOLDOVA

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

The Inter-Parliamentary Council,

Having before it the case of Mr. Ilie Ilascu, a member of the Parliament of Moldova, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the "Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians",

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/165/12(b)-R.1), which contains a detailed outline of the case,

Taking account of the information and observations supplied by the delegations of the Republic of Moldova and the Federation of Russia to the 102nd IPU Conference (October 1999),

Considering that Mr. Ilie Ilascu, an elected member of the Parliament of the Republic of Moldova since 1994, and five others were arrested in 1992 in Tiraspol, the capital of the self-proclaimed Transdniestr Republic; that they were charged with the murder of two "civil servants" and secessionist "authorities" and with terrorist activities; noting that this accusation has to be seen in the context of the civil war which took place following the Republic of Moldova's declaration of independence and the ensuing secession of Transdniestr, a region controlled by a population of Russian origin, (1)

Noting that the Republic of Transdniestr is not recognised by any State and that under international law its territory is part of the Republic of Moldova,

Considering that, at the close of a trial which took place from 23 April to 9 December 1993 and during which, according to the source, the most fundamental rules of fair trial were violated, Mr. Ilascu was sentenced to death; noting that the source observes that the trial took place against a background of war, extreme political tension and an atmosphere of passion and sometimes hatred,

Noting that following a mission in 1994 composed of international experts, the Council of Europe held it as established beyond doubt that fundamental flaws in the investigation and court procedures in this case amounted to a denial of fair trial to the defendants and that the Council of Europe has since consistently considered that Mr. Ilascu and his colleagues can only be tried by an independent and impartial court, established by law, in conformity with the Constitution of the Republic of Moldova and international law,

Considering that, on 3 February 1994, the Supreme Court of the Republic of Moldova examined an appeal against the sentencing of Mr. Ilie Ilascu and his co-accused and decided to quash the sentence and order the release of Mr. Ilascu and the others; considering that this judgment has never been carried out,

Considering that, according to the source, Mr. Ilascu was subjected to physical and mental ill-treatment, in particular mock executions; that he is reportedly held under harsh conditions which are said to have worsened in recent months: thus since March 1999, Mr. Ilascu has been denied his right to meet with his wife and family members and was denied access to the media from the Republic of Moldova; that Mr. Ilascu's state of health is fast deteriorating as he is suffering from acute arthritis in a leg and cannot walk normally; his eyesight and gums are severely affected; considering that, according to the source, he does not receive the medical treatment he needs; noting in this connection that, on 28 September 1999, the President of the Parliamentary Assembly of the Council of Europe called on the separatist authorities of Transdniestr to permit a visit by the International Committee of the Red Cross (ICRC) to Mr. Ilascu and his colleagues,

1. Is indignant at Mr. Ilie Ilascu's trial, sentencing and imprisonment;
2. Notes that Mr. Ilie Ilascu is in prison as result of a verdict which, having been handed down by an organ of a territorial entity not recognised by the international community, lacks any legal basis and must be considered null and void;
3. Fully supports the Council of Europe's view that Mr. Ilascu and his colleagues can only be tried by an independent and impartial court, established by law, in conformity with the Constitution of the Republic of Moldova and international law;
4. Is deeply concerned at the conditions under which Mr. Ilascu and the others are detained and joins the Parliamentary Assembly of the Council of Europe in its call for the ICRC to be permitted to visit Mr. Ilascu;
5. Requests the Secretary General to make all possible representations, particularly to the parliamentary authorities of the Russian Federation in order to ensure that Mr. Ilascu is brought before a competent, independent and impartial tribunal;
6. 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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