The Governing Council of the Inter-Parliamentary Union,

Having before it the case of the above-mentioned parliamentarians from Eritrea, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the "Procedure for the examination and treatment, by the Inter-Parliamentary Union, of communications concerning violations of human rights of parliamentarians",

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/173/11(b)-R.1), which contains a detailed outline of the case,

Considering the following information on file:

• According to the source, the persons concerned were all members of the Central Committee of the Eritrean People's Liberation Front party (PFDJ) and as such de facto members of the first National Assembly under the 1997 Constitution; they were moreover members of the so-called "G15", a dissident group within the party which called for democratic reform and a multi-party political system with free and fair elections; in May 2001 the group issued an open letter which, according to its authors, was "a call for correction, a call for peaceful and democratic dialogue, a call for strengthening and consolidation, a call for unity, a call for the rule of law and for justice, through peaceful and legal ways and means";

• On 18 September 2001, the MPs concerned were arrested and have since been detained without any charge having been brought against them; in February 2002, the National Assembly "strongly condemned them for the crimes they committed against the people and their country" and declared that "by committing such a crime, defeatism, they have removed themselves from the National Assembly" ; the authorities affirm that the National Assembly revoked their mandate on the basis of the Standing Orders, after their cases had been examined in great detail;

• The Government claims that it has solid evidence that the persons concerned committed crimes against the sovereignty, security and peace of the Nation, and that it handled the matter with the utmost care and attention in view of its gravity and sensitivity; the source affirms that the allegations of treason have not been clarified or substantiated; it was reportedly claimed that during major military setbacks in May 2001, some of the MPs concerned, who were not named, had requested the international peace talks facilitators to convey an offer to the Ethiopian Government to remove the President if Ethiopia halted its offensive; however, according to the source, the leader of the United States peace talks facilitators, Mr Anthony Lake, has denied that any such offer was ever made;

• The source fears that the MPs concerned are at risk of ill-treatment since they are held incommunicado at an unknown location; moreover, Mr. Woldetensae suffers from diabetes, Mr. Abraha from asthma and Ms. Fissehatsion from ulcers, and it is unclear whether they are receiving the medical treatment they require; there are unconfirmed reports that Mr. Abraha may have died; the authorities, however, affirm that the MPs concerned are held in humane conditions and receive the medical care they need,

Taking account of the following observations of the authorities, as transmitted to the IPU Secretary General on 5 June 2003 by the Ambassador of Eritrea to the European Union, Belgium, Luxembourg, Portugal and Spain: the MPs are accused of crimes against the sovereignty of Eritrea and they are treated humanely; trial proceedings in this case could lead to the revelation of sensitive information concerning third countries, thereby jeopardising the peace process with Ethiopia; they will be brought to trial once the peace process, in particular the demarcation of the border, now in its final phase, has been completed; he expected that to take about one month; noting in this respect that, in his progress report on Ethiopia and Eritrea to the Security Council of 23 June 2003, the United Nations Secretary General stated that, while the Boundary Commission had achieved progress in the demarcation process, it had been unable to proceed as quickly as anticipated and he noted that "in the absence of significant movement forward, precious momentum could be lost and prove difficult to regain…",

Considering that, in view of the discrepancies in the information provided by the sources and the authorities regarding the conditions of detention of the former MPs concerned, the Committee decided to conduct an on-site mission and sought the approval of the authorities; they replied, through the Ambassador of Eritrea to the European Union, Belgium, Luxembourg, Portugal and Spain, that "such a mission would be considered an interference in internal affairs",

Considering finally that the authorities have affirmed that the action taken by both the executive and the legislative branches in this case is consistent with their obligations under the International Covenant on Civil and Political Rights (ICCPR), to which Eritrea is a party,

1. Is alarmed that the MPs concerned have been held incommunicado at an unknown location for more than two years without having been charged or brought before a court;

2. Stresses that the Eritrean Constitution and the International Covenant on Civil and Political Rights both guarantee the right to be promptly brought before a judge and to be tried within a reasonable time, and the right to petition a court to establish the lawfulness of the detention;

3. Considers that keeping the MPs concerned in detention pending completion of the peace process is tantamount to holding them hostage to that process and subverts their constitutionally and internationally enshrined right to liberty and the human rights safeguards regarding arrest and detention;

4. Is deeply concerned at the absence of precise information on the conditions of detention and the health of the MPs concerned, in particular given the specific medical needs of three of them and rumours that Mr. Abraha may meanwhile have died;

5. Affirms that the worldwide parliamentary community, by entrusting the Inter-Parliamentary Union with the mandate to examine alleged human rights violations affecting members of Parliament, has lent substance to the established international doctrine that human rights are a matter of international concern, and that ensuring their respect is a duty incumbent upon the international community;

6. Stresses that the purpose of the proposed on-site mission is not to interfere in the internal affairs of Eritrea but to inquire into alleged violations of the human rights of parliamentarians, and to gain a better understanding of all aspects of this complex case; calls therefore on the authorities of Eritrea to agree to the visit of a delegation with a mandate to gather as much detailed information as possible on this case through meetings with the competent parliamentary, governmental and administrative authorities and with the MPs concerned themselves, their families and their lawyers;

7. Requests the Secretary General to contact the authorities again to seek their approval for the organisation of an on-site mission as early as possible;

8. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session to be held on the occasion of the 110th Assembly, in the hope that such a mission will meanwhile have taken place.

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