GUINEA

CASE N° GUI/01 - MAMADOU BHOYE BA
CASE N° GUI/02 - MAMADOU BARRY
CASE N° GUI/03 - THIERNO OUSMANE DIALLO
CASE N° GUI/05 - EL-HADJ AMIATA MADY KABA *
CASE N° GUI/06 - KOUMAFING KEITA *
CASE N° GUI/07 - MAMADY YÖ KOUYATE
CASE N° GUI/08 - IBRAHIMA KALIL KEITA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 167th session (Jakarta, 21 October 2000)

The Inter-Parliamentary Council,

Referring to the outline of the case of the above-mentioned parliamentarians, opposition MPs of the National Assembly of Guinea, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/167/12(c)-R.1), and to the relevant resolution adopted at its 166th session (May 2000),

Recalling the following information on file:

1. On 24, 25 and 29 March 1998, Mr. Mamadou Bhoye Ba, Mr. Mamadou Barry and Mr. Thierno Ousmane Diallo, respectively, all members of the opposition, were arrested without their parliamentary immunity having been previously lifted and accused of participating in or inciting a popular uprising which occurred on 23 March 1998 in the Kaporo-rail neighbourhood of Conakry; in resolution N° 001/AN/98, the National Assembly sought - in vain - the suspension of the preventive detention of the deputies concerned; following a trial reportedly flawed by serious irregularities, Mr. Barry and Mr. Diallo were sentenced, on 8 June 1998, to five months' imprisonment and a fine, while Mr. Ba was sentenced to two months' imprisonment; Mr. Ba, Mr. Barry and Mr. Diallo were released on 8 June, 25 August and 27 August, respectively, after serving their sentences;
2. Mr. El-hadj Amiata Mady Kaba, a member of the High Court of Justice, Ms. Koumafing Keïta, Mr. Mamady Yö Kouyate and Mr. Ibrahima Kalil Keïta were arrested on 18 and 20 December 1998 following a peaceful demonstration calling for the release of Mr. Alpha Condé (see Case N° GUI/04). The National Assembly having been informed of none of those arrests, they were effected without any lifting of parliamentary immunity; the MPs concerned were held for three months in Kankan Central Prison and state that they suffered serious physical maltreatment during their detention; on 16 March 1999 they were sentenced by the Kankan Court of First Instance to four months' imprisonment and a fine of 150,000 Guinean francs each for disturbing the peace and holding an unauthorised demonstration,

Recalling that the Committee's on-site mission which went to Conakry in January 2000 gathered information and documents heightening the concerns it had voiced earlier about respect for parliamentary immunity and for the prerogatives of the National Assembly, about the characterisation of a crime or offence as flagrante delicto, and about respect for the right to peaceful assembly, fair trial and humane treatment in detention,

Considering that the information provided by the Guinean delegation to the 104th Conference (October 2000) shows that there have been no new developments to indicate that the authorities have taken account of the concerns voiced by the Inter-Parliamentary Union in this case,

Noting that, according to the delegation, parliamentary elections are scheduled for late November 2000,

Bearing in mind that the Republic of Guinea is a party to the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples' Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which guarantee the right to freedom of assembly, the right to freedom from arbitrary arrest and detention and from torture and ill-treatment, and the right to fair trial,

1. Reaffirms its concerns regarding the circumstances of the arrest and detention of the MPs in question without prior lifting of their parliamentary immunity, the characterisation of a crime or offence as flagrante delicto, and failure to respect the prerogatives of the National Assembly and the right to fair trial;
2. Remains deeply concerned at the lack of any decision from the authorities to launch investigations into the concurring declarations of the MPs concerned that they were ill-treated while in prison, and points out that, Guinea being a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Guinean authorities are under an obligation to investigate such allegations;
3. Can but reiterate its deep concern, as the world organisation of national Parliaments, at the evident lack of respect shown by the Government of Guinea for the National Assembly and its members, and calls on the Government to respect the prerogatives and powers of the other State branches since there can otherwise be no rule of law;
4. Trusts that the MPs concerned will not encounter any obstacles in standing in the parliamentary elections scheduled for late November 2000;
5. Requests the Secretary General to convey this resolution to the President of the National Assembly, the Prime Minister and the Minister of Justice, inviting them to provide information on any progress, in addition to a copy of the videocassette said by the lawyers of the MPs concerned to exist of the entire Kaporo-rail trials;
6. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April 2001).

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