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

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. 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/168/13(c)-R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Taking account of the communication of 13 March 2001 from the President of the Romanian Inter-Parliamentary Group, and of the information provided by the latter on the occasion of the 105th Conference of the Inter-Parliamentary Union (April 2001),

Recalling the following information on file:

  • Mr. Ilie Ilascu and five others were arrested in 1992 in Tiraspol, the capital of the self-proclaimed "Moldovan Republic of Transdniestria" and during a trial in 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;
  • 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, that judgment has not been executed;
  • Mr. Ilascu was subjected to physical and mental ill-treatment, including mock executions, and is held under harsh conditions that have seriously affected his health as he now reportedly suffers from a chronic lung illness and liver problems and is denied the necessary medical attention,

Further recalling that the IPU has always pressed for Mr. Ilascu's transfer to the non-separatist part of the Republic of Moldova or another sovereign State where he could be retried by a lawful, independent and impartial tribunal; considering that efforts to this end are currently under way,

Considering that Mr. Ilie Ilascu, a member of the Parliament of Moldova from 1994 to 2000, was granted Romanian citizenship on 4 October 2000 and, on 26 November 2000, was elected a member of the Romanian Senate, the Moldovan Parliament terminating his mandate on 4 December 2000,

Considering that a note prepared by the Committee on CIS Affairs of the Russian State Duma on the case of Mr. Ilascu, and forwarded on 11 January 2001, concludes that since "Mr. Ilascu has become a citizen and parliamentarian of a State that is not a member of the Commonwealth of Independent States (CIS), we are no longer in a position to influence the fate of a former deputy of the Moldovan Parliament",

Recalling 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, which both have already done; noting that, according to the information provided by the President of the Romanian Inter-Parliamentary Group on the occasion of the 105th Conference of the Inter-Parliamentary Union, the European Court has decided to refer the case to a Grand Chamber under an accelerated procedure,

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 the agreement of 21 October 1994 between the Republic of Moldova and the Russian Federation, providing for the withdrawal of the Russian troops, has still not entered into force and that the Russian State Duma removed the item relating to ratification of the agreement from its agenda in January 1999,

  1. Thanks the Romanian and Russian parliamentary authorities for their cooperation and for the information they provided;

  2. Notes that Mr. Ilascu has acquired Romanian nationality and was elected a member of the Senate of Romania;

  3. Calls once again on the Russian authorities, in their capacity as a guarantor power along with Ukraine, to provide assistance in seeking an appropriate settlement of Mr. Ilascu's situation, notably by working towards a full withdrawal of the Russian troops from Moldovan territory as recommended by the European Union, the Council of Europe and the OSCE Parliamentary Assembly;

  4. Reiterates its deep concern at the reliable allegations that Mr. Ilascu's health has deteriorated; 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 reiterates its request for information about any step taken to this end;

  5. Considers that, in the light of recent developments in this case, an on-site mission with the mandate to meet Mr. Ilascu, to ascertain his personal situation and to work towards his transfer to a third country would contribute to progress towards a satisfactory settlement of this case, and requests the Secretary General to explore with the authorities concerned the possibility of such a mission;

  6. Requests the Secretary General to convey this resolution to the competent Parliaments involved in this case, calling on them to take all possible steps with a view to obtaining Mr. Ilascu's transfer to a sovereign State;

  7. 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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