The Council of the Inter-Parliamentary Union,

Referring to the outline of the case of Mr. Alpha Condé, a member of the National Assembly of Guinea, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/170/13.c(ii)-R.1), and to the relevant resolution adopted at its 169th session (September 2001),

Taking account of the letters from the President of the National Assembly dated 18 October 2001 and 10 January 2002, and of the information supplied by one of the sources on 10 January and 17 March 2002,

Having taken cognisance of a letter of 3 October 2001 from the Minister of Justice to the President of the National Assembly concerning the participation of Mr. Alpha Condé in the opening ceremony, on 25 September 2001, of the second ordinary session of 2001 of the National Assembly, and of a letter of 7 August 2001 the State Judicial Agent, who comes directly under Office of the President of the Republic, to the Secretary of State for Security on the situation of the 18 Liberian witnesses at the trial of Mr. Alpha Condé,

Recalling that, as can be seen from the report by the observers whom the Committee sent to Guinea to monitor the trial, Mr. Condé was sentenced after a trial which patently failed to respect the standards of fair trial as defined in national standards and in international treaties ratified by Guinea, notably in view of the recourse to torture either to extort confessions or to coerce witnesses and co-defendants to testify against Alpha Condé, and that consequently his guilt was in no way proven,

Considering that it is clear from the letter of the above-mentioned State Judicial Agent that the Government recruited 18 Liberian rebels and paid them to testify against Mr. Condé; for in that letter the Judicial Agent informs the Secretary of State for Security "of the critical situation of the 18 Liberian witnesses who are still present in Conakry at our expense", stating that all the practical measures taken to make them leave Guinea had failed, that pending a solution "we have serious difficulties in containing these young people on account of their greed and their thirst for money", that they had rejected an offer of 5 million Guinean francs "to take charge of themselves" and cease to depend on the State, that they demanded the sum of US$ 10,000 per witness "to put a final end to the undertakings assumed by the Government in regard to them", finally drawing the attention of the Secretary of State "in order that steps be taken finally to free these witnesses without any other form of commitment on our part",

Considering also that in the above-mentioned letter which he sent to the President of the National Assembly, the Minister of Justice said he "regretted" that, despite the deprivation of civic rights to which Mr. Condé had been subjected, the latter had been able to take part in the parliamentary sitting of 25 September 2001, asserting moreover that his [the Minister's] "desire to make our country a State based on the rule of law is unflinching and irreversible",

1. Thanks the President of the National Assembly for the information supplied;
2. Welcomes the fact that the National Assembly, in defence of the rule of law and the principles of democracy and human rights, has reinstated Mr. Alpha Condé, as a result of which he was able to take part in the opening ceremony of the second parliamentary session of 2001 and thus to resume the parliamentary mandate entrusted to him by the people;
3. Is shocked to learn that the many allegations of recruitment, by the Government, of Liberian rebels as witnesses for the prosecution were found to be true; considers that such illegal recruitment comes in addition to the many other items of evidence that the charges brought against Mr. Alpha Condé were entirely fabricated and, in some instances, made with the knowledge of the highest authorities of the country;
4. Forcefully affirms that the "judgment" handed down after a clearly rigged trial can have no legal force and must therefore be considered null and void in the eyes of the law; therefore asserts that "the trial and the judgment" handed down on Mr. Condé may in no way be invoked to justify any deprivation of his civil rights;
5. Has no doubt that the Minister of Justice, in his "capacity as the senior representative of the institution responsible for ensuring compliance with and application of the rule of law", will take the necessary measures from the legal standpoint and ensure that the judgement is quashed; further requests him to ensure, as his duty requires, that an investigation of the suspected torture and ill-treatment invoked in the trial is launched immediately and that those responsible for such crimes are brought to justice;
6. Requests the Secretary General to bring this resolution to the attention of the Guinean authorities, and further to inform thereof the competent United Nations human rights bodies;
7. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2002).

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