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

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 Mr. Ilie Ilascu, a member of the Parliament of the Republic of Moldova, 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),

Taking account of the information provided on 6 October 2000 by the President of the Inter-Parliamentary Group of the Republic of Moldova and a letter from the source dated 12 October 2000,

Recalling the following information on file:

1. Mr. Ilie Ilascu and five others were arrested in 1992 in Tiraspol, the capital of the self-proclaimed “Moldovan Republic of Transdniestria”; the arrests took place in the context of the war that followed the Republic of Moldova's declaration of independence and the ensuing secession of Transdniestria; at the close of a trial which took place from 23 April to 9 December 1993 and during which fundamental rules of due process were violated, Mr. Ilascu was found guilty of the murder of two “civil servants” and secessionist “authorities” and of terrorist activities, and was sentenced to death;
2. On 3 February 1994, the Supreme Court of the Republic of Moldova, whose jurisdiction includes Transdniestria since the region is part of the Republic of Moldova under international law, considered an appeal against the sentencing of Mr. Ilie Ilascu and his co-defendants and decided to quash the sentence and order the release of Mr. Ilascu and the others; however, since Transdniestria is under the de facto control of the secessionist authorities, this judgment has not been executed;
3. Mr. Ilascu was subjected to physical and mental ill-treatment, in particular mock executions, is held under harsh conditions and does not receive the medical treatment he needs; on 28 September 1999, the President of the Parliamentary Assembly of the Council of Europe called on the separatist authorities of Transdniestria to permit the International Committee of the Red Cross (ICRC) to visit Mr. Ilascu and his colleagues,

Considering that, according to the source, Mr. Ilascu's health has seriously deteriorated as he now suffers from a chronic lung illness and liver problems, without having received any medical attention in recent months,

Further recalling that, in the view of the Council of Europe, the European Union and the OSCE, the continued presence of the Fourteenth Russian Army and its military installations hampers a solution to the Transdniestria problem, this being the backdrop to the Ilascu case,

Noting that, under an agreement between the Republic of Moldova and the Russian Federation signed on 21 October 1994, Russia pledged to withdraw those troops within three years of the entry into force of the agreement; that the agreement has still not entered into force and, as stated in the draft report of the Council of Europe's Monitoring Committee of 26 February 1999, the Russian State Duma removed the item relating to ratification of the agreement from its agenda in January 1999,

Considering that Mr. Ilascu has brought his case before the European Court of Human Rights, which invited the Republic of Moldova and the Russian Federation (the latter, according to the complaint, sharing responsibility since the territory of Transdniestria is under its de facto control) to submit written observations on the admissibility and merits of Mr. Ilascu's application,

1. Is indignant at the lack of any progress towards a settlement of Mr. Ilie Ilascu's case, and regrets the lack of any response from the guarantor States - the Russian Federation and Ukraine - to its requests for information;
2. Expresses deep concern at the reliable allegations that Mr. Ilascu's health is deteriorating; urges all parties concerned, including the guarantor States and in particular their Parliaments, to ensure that the International Committee of the Red Cross (ICRC) obtains permission to visit Mr. Ilascu; and would appreciate information about any step taken to this end;
3. Considers it all the more urgent, in view of Mr. Ilascu's worsening state of health, that this case be rapidly settled and Mr. Ilascu transferred to the non-separatist part of the Republic of Moldova or another sovereign State where he could be retried by an independent and impartial tribunal;
4. Notes that the European Union, the Council of Europe and the OSCE Parliamentary Assembly have expressed their concern at the lack of action towards a full withdrawal of Russian troops from Moldovan territory, as required under the agreement of 21 October 1994;
5. Urges the State Duma once more to do its utmost to ensure that this agreement is ratified and executed since this would facilitate a settlement of the Ilascu case;
6. Requests the Secretary General to convey this decision to the competent Moldovan, Russian and Ukrainian authorities and to take all possible steps with a view to obtaining Mr. Ilascu's release;
7. 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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