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 sessiona (April 2001) on the case of Mr. Tengku Nashiruddin Daud, of Indonesia, and to the related report of the Committee on the Human Rights of Parliamentarians,

Taking account of information provided by the parliamentary authorities on 15 June 2001; also taking account of information provided by the source on 19 June 2001,

Recalling that Mr. Nashiruddin Daud, a member of Parliament for Aceh and outspoken Vice-Chairman of the Parliamentary Commission of Inquiry into Human Rights Abuses in Aceh, disappeared on 21 January 2000 in Medan on his way back from a mission to Aceh; his body was found two days later, his injuries showing clearly that he had been tortured by his abductors,

Considering that Parliament, in particular its Sub-committee on Juridical and Human Rights Issues and the Committee for Inter-Parliamentary Cooperation, has taken action to monitor the investigation and requested the police to report on progress made,

Considering that the investigation has so far yielded no tangible result: according to information which the police provided to Parliament, three suspects escaped to Aceh and the Medan police requested the police in Aceh to capture them; a fourth suspect has fled to Penang and cooperation has been established with the Malaysian police to capture him,

Noting that, according to the source, a young man named Abubakar Daud, who worked as a servant at the hostel where Mr. Nashiruddin Daud was staying when he disappeared, went missing shortly after being interrogated by the police as a witness; his current whereabouts are unknown; according to the source, he is thought to have been well informed about what had happened at the hostel at the time of Mr. Nashiruddin Daud's disappearance; noting also that the Committee brought this information to the attention of the parliamentary authorities at the session it held in June last,

Considering finally that the source fears that the police may not be conducting the investigation with the requisite diligence and thoroughness, failing in particular to take account of a possible link between Mr. Nashiruddin's activities in the parliamentary commission investigating human rights abuses in Aceh and his murder,

1. Thanks the parliamentary authorities for the information provided; notes with satisfaction that Parliament is monitoring the investigation;

2. Is alarmed at the disappearance of a key witness following police interrogation, and wishes to ascertain whether the competent authorities have launched investigations to ascertain his whereabouts, as their duty requires, and with what result;

3. Is confident that Parliament has inquired into the disappearance of Mr Abubakar Daud and would appreciate information on the result, if any, of such inquiry; would also appreciate notification as to whether Parliament has been informed of the testimony given by that key witness;

4. Considers that the disappearance after police interrogation of a person who appears to be a key witness adds weight to the fears expressed by the source about the conduct of the police investigation;

5. Recalls that it is the duty of every State to dispense justice and thus to identify culprits and bring them to justice without undue delay; also recalls that impunity poses a major threat to any democratic system based on respect for human rights as it undermines the confidence of citizens in the State's ability to dispense justice and protect human rights, thus undermining respect for the rule of law itself;

6. Reaffirms that Parliament, as a guardian of human rights, has a special duty to ensure that the murder of any of its members does not go unpunished, since such impunity constitutes a threat to all members of parliament and to the entire society they represent;

7. Requests the Secretary General to convey this resolution to the parliamentary authorities, inviting them to keep the Committee informed of any developments; also requests the Secretary General to convey the resolution to the Minister of Justice, the Attorney General, the Head of Police and the National Human Rights Commission, inviting them to provide their observations;

8. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (March 2002).

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