CASE N° ARG/20 - RAMÓN EDUARDO SAADI
CASE N° ARG/21 - CARLOS ANGEL PAVICICH
CASE N° ARG/22 - MS. OLINDA MONTENEGRO
CASE N° ARG/23 - CARLOS LORENZO TOMASELLA
CASE N° ARG/24 - NICOLAS ALFREDO GARAY

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 169th session (Ouagadougou, 14 September 2001)

The Inter-Parliamentary Council,

Referring to the resolution it adopted at its 168th session (April 2001) on 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, and to the related report of the Committee on the Human Rights of Parliamentarians,

Heaving heard a member of the Argentine delegation to the 106th Conference and taken note of communications from the sources dated 23 August and 3 September 2001, and of a communication from Dr. Hugo Sager dated 17 August,

Bearing in mind that the case is to be seen in the context of the 1994 constitutional amendment, changing the electoral system of the Senate, and of the conflicting interpretations by the parties concerned as to the powers and procedures of the Senate and the provincial assemblies with respect to the implementation of 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 also 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, and placed "itself at the disposal of the parties for the purpose of reaching an amicable settlement"; whereas the complainants took up the offer of the Commission, the Senate of the Nation has so far failed to act upon the Commission's invitation,

Noting in this connection that, according to the information provided at the hearing held in Ouagadougou, the Senate was unable to act for want of due notification of such invitation on the part of the Executive branch and that, moreover, the whole matter would become irrelevant with the end of the transition period and the holding of direct Senate elections on 10 December 2001,

Noting that the sources confirm that there have been no new developments and that the Senate has remained inactive with respect to this case,

Considering finally that under the International Covenant on Civil and Political Rights and the American Convention on Human Rights, to both of which Argentina is a party, States have an obligation to implement the rights set forth in those instruments, including the rights guaranteed under Article 25 and Article 23, respectively, and to guarantee that those rights are applied even-handedly,

1. Deeply regrets that the Senate of the Nation has not seen fit to take account of the concerns and considerations it expressed in its previous resolutions; refers in particular to the detailed arguments set forth in the resolution it adopted at its 165th session (October 1999);

2. Is therefore led to conclude 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 of the Nation failed to apply consistent criteria when exercising its powers under Article 64 of the Constitution and that, in so acting, it failed to respect the right of the persons concerned to stable and consistent application of the law;

3. Stresses yet again that the complete renewal of the Senate under the new electoral provisions in December 2001 does not have the effect of annulling the prejudice already caused to the persons concerned and, through them, both to the parliamentary institution and to the electorate; once again calls on the Senate to rectify this situation;

4. Notes that proceedings concerning this matter are pending before the Inter-American Commission on Human Rights, whose decisions are binding upon Argentina;

5. Decides to close further examination of this case and requests the Secretary General to inform both the Senate of the Nation and the sources accordingly, and to transmit the resolution to the Inter-American Commission on Human Rights.

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