CAS N° ARG/20 - Ramón Eduardo Saadi
CAS N° ARG/21 - Carlos Angel Pavicich
CAS N° ARG/22 - Olinda Montenegro
CAS N° ARG/23 - Carlos Lorenzo Tomasella
CAS N° ARG/24 - Nicolás Alfredo Garay

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)

The Inter-Parliamentary Council,

Referring to the outline of the case of Mr. Ramón Eduardo Saadi, Mr. Carlos Angel Pavicich, Ms. Olinda Montenegro, Mr. Carlos Lorenzo Tomasella and Mr. Nicolás Alfredo Garay of Argentina, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/168/13(c)-R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Taking account of the observations provided by a member of the Argentine delegation to the 105th Conference of the Inter-Parliamentary Union (April 2001), and of communications dated 19 February and 22 and 26 March 2001 from the sources, who report that the case has remained at a standstill,

Recalling that the case is to be viewed in the context of the 1994 constitutional amendment changing the electoral system of the Senate and of the different interpretations given by the parties concerned to Transition Clause 4, which provides for an indirect electoral system to be applied during a transition period starting in 1995 and running until December 2001,

Recalling in this connection that the Inter-American Commission on Human Rights, which, in its decision N° 132/99, declared the case of Mr. Pavicich and Ms. Montenegro admissible, placed "itself at the disposal of the parties for the purpose of reaching an amicable settlement"; that, while the complainants took up the offer of the Commission, the Senate of the Nation failed to act upon the Commission's invitation,

Recalling that the Argentine delegation to the 103rd IPU Conference (April/May 2000) requested the Committee to postpone the hearing which had already been scheduled since "new institutional situations were expected which could improve the level of consensus"; and to hold a hearing instead on the occasion of the 104th Conference (October 2000); however, the delegation from Argentina participating in that Conference did not request such a hearing, which consequently did not take place,

Considering that, at the hearing finally held on the occasion of the 105th Conference (April 2001), the Argentine delegate heard by the Committee referred in detail to a question pertaining solely to the case of Mr. Pavicich and Ms. Montenegro and stated moreover that the whole case would become irrelevant with the end of the constitutional transition phase later in 2001,

1. Regrets that the Senate of the Nation has ignored the serious concerns it has expressed in its resolutions and has failed to take any action to avail itself of the mediation offer made by the Inter-American Commission on Human Rights;

2. Can but reaffirm its position that, in deciding on the question of the incorporation in the Senate of the Nation of Mr. Ramón Eduardo Saadi, Mr. Carlos Angel Pavicich and Ms. Olinda Montenegro, and of Mr. Carlos Lorenzo Tomasella and Mr. Nicolás Alfredo Garay, the Senate has not applied consistent criteria when exercising its powers under Article 64 of the Constitution, which stipulates that each Chamber is the judge of the validity of the election and of the rights and qualifications of its members;

3. Is dismayed at this state of affairs, the persons concerned being entitled to stable and consistent application of the law, and stresses in this connection that the entry into force of the new electoral provisions at the end of the transition phase does not remedy the situation;

4. Would appreciate receiving the views of the Senate of the Nation as to the measures it envisages in order to put an end to this situation which has caused prejudice to the persons concerned;

5. Requests the Secretary General to convey this resolution to the Senate of the Nation as well as to the sources and to the Inter-American Commission on Human Rights;

6. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001).

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