The Council of the Inter-Parliamentary Union,

Referring to the outline of the case of Mr. Andrei Klimov, a member of the former Thirteenth Supreme Soviet of Belarus, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/171/12(a)-R.1), and to the relevant resolution adopted at its 170th session (March 2002),

Taking into account a communication from the Chairman of the House of Representatives of the National Assembly, dated 10 September 2002, and the information provided by Mr. Arkhipov, the Chairman of the Standing Committee on Legislation, Judicial and Legal Issues of the House of Representatives, at the hearing held with the Committee on the occasion of the Special Session of the Council,

Considering that Mr. Klimov was granted release on parole on 25 March 2002 following a decision to that effect by Minsk Central City Court; while, according to the information provided by the parliamentary authorities in March 2002, this means that for the remainder of his sentence, namely one year and 11 months, he will have to report to the police periodically, it now appears from the information provided by those authorities on the occasion of the Special Session of the Council that he has in fact been granted a more lenient form of punishment insofar as he must stay overnight at a specific location and carry out "correctional work"; he may, however, visit his family during the day and lead a normal life; according to the Chairman of the Standing Committee on Legislation, Judicial and Legal Issues, he has even engaged in political activities again,

Recalling that it has consistently urged the authorities to include Mr. Klimov in an amnesty law, given the serious misgivings it has consistently expressed about respect for Mr. Klimov's right to fair trial, in particular his right effectively to defend himself and refute the charges against him,

Considering that, according to information provided by the parliamentary authorities in March 2002, he would regain his full liberty should he be included in the amnesty law which was to be adopted by Parliament in April 2002; in September 2002, the parliamentary authorities stated that Mr. Klimov's sentence could be annulled under Article 5 of the "Law on Amnesty of Certain Categories of Convicts" if, by the day the Law came into force, he had served one third of his sentence, a condition which he fulfils, and if he had paid the damage allegedly caused by him, amounting to some US$ 90,000; so far, he had only reimbursed US$ 30; his sentence would be annulled upon payment of the remainder; considering further that, according to the Chairman of the Standing Committee on Legislation, Judicial and Legal Issues, Mr. Klimov may be fully released before the term if he strictly obeys the rules, which the authorities say he does,

1. Thanks the parliamentary authorities for the information provided and for their consistent cooperation;

2. Welcomes the release on parole of Mr. Andrei Klimov; regrets, however, that he has not fully recovered his freedom;

3. Notes that he may be unconditionally released if he strictly obeys the rules, which, as the authorities have stated, he does at present; earnestly hopes that he will be granted such release in the near future, and would appreciate further information in this respect;

4. Requests the Secretary General to convey this resolution to the authorities, inviting them to provide the requested information;

5. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April 2003).

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