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 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 the above-mentioned parliamentarians of Guinea and to the related report of the Committee on the Human Rights of Parliamentarians,

Recalling that the MPs concerned were all arrested, allegedly in flagrante delicto, without their parliamentary immunity having been lifted, and were sentenced in trials flawed by serious irregularities to prison terms ranging from two to five months; a National Assembly resolution calling for suspension of the detention of Mr. Bhoye Ba, Mr. Ousmane Diallo and Mr. Mamadou Barry was not respected; Ms. Koumafing Keïta and Mr. El-Hadj Amiata Mady Kaba, now both deceased, and Mr. Mamady Yö Kouyate and Mr. Ibrahima Kalil Keïta stated that they had suffered serious ill-treatment while in detention,

Recalling that the Committee's on-site mission to Conakry in January 2000 intensified previous concerns about lack of respect for parliamentary immunity and the prerogatives of the National Assembly in this case, and for the right to peaceful assembly, fair trial and humane treatment in detention,

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,

Bearing in mind that it has consistently called on the authorities to abide by their obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to investigate the denounced instances of ill-treatment in detention without further delay,

1. Infers from the lack of any response from the authorities that no such steps have been taken;

2. Is therefore led to conclude that, in omitting to institute investigations into the complaints of the MPs in question, the authorities have failed to respect their right to physical integrity; recalls that under the Convention against Torture, victims of ill-treatment at the hands of State authorities have a right to redress and to fair and adequate compensation;

3. Reaffirms that, in arresting the MPs concerned without the lifting of their parliamentary immunity and in disregarding a resolution of the National Assembly calling for the suspension of the preventive detention of three of the MPs concerned, the Executive branch has failed to respect the rights and prerogatives of Parliament, its members and thus the rights of the citizens it represents;

4. Stresses that respect for the competence and powers of the different State branches is essential to the rule of law;

5. Notes that the MPs concerned are at present fully exercising their mandate;

6. Decides to close further examination of this case while reserving the right to reopen it in the event of fresh developments.

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