The Governing Council of the Inter-Parliamentary Union,

Referring to the outline of the case of Mr. Zorig Sanjasuuren of Mongolia, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/173/11(b)-R.1), and to the resolution adopted at its 171st session (September 2002),

Taking account of the information provided by the Mongolian delegation at the hearing held with the Committee on the occasion of the 109th Assembly,

Taking account also of the information gathered by Ms. Nedvedova, full member of the Committee, during her visit to Mongolia in September 2003,

Recalling that Mr. Zorig was brutally murdered in October 1998 and that the investigation has so far been unavailing; while the authorities followed up the recommendation it made after the Committee's on-site mission in August 2001 to set up a single investigation group, its advice to make use of foreign expertise in the field of criminal investigation has not been acted upon, although the parliamentary authorities have stated on several occasions that "the authorities were ready to collaborate and receive foreign and international organizations' assistance"; noting in this respect that, according to the information gathered by Ms. Nedvedova, the authorities now consider that, given the mistakes made at the start of the investigation, the involvement of foreign criminal experts would be of no use,

Considering that, in early December 2002, the Minister of Justice announced during a press conference the Government's decision to offer a reward of 500 million tugriks (approx. US$ 500,000) to anyone providing serious information enabling the authorities to resolve the case; according to information provided by the Mongolian delegation on the occasion of the 109th Assembly, more than 470 communications have been forwarded to the investigative authorities and are being examined,

Considering that, according to information provided by several sources in June 2003, a Mongolian national, Mr. Enkbat, was recently, through Interpol, returned to Mongolia from France, where he had been living since 1998, the year of Mr. Zorig's murder, and is currently being interrogated in connection with this case,

Recalling that, after Mr. Zorig's murder, a parliamentary working group was set up to follow the investigation; it made a final report in July 2000; the present Parliament has not seen fit to set up a new group since, as the Mongolian delegation to the Conference reiterated, the Speaker was a member of the National Security Council, which was constantly informed about the investigation; only in June 2002 did the present Parliament take action to follow the investigation when its Special Oversight Subcommittee conducted a confidential hearing on the current stage of the investigation,

1. Thanks the Mongolian delegation for its cooperation;

2. Notes with deep concern that five years have now elapsed since Mr. Zorig's murder without any tangible outcome of the investigation;

3. Regrets therefore all the more that the State Great Hural has so far not seen fit to set up a special mechanism, as the previous Parliament did, enabling it to monitor the investigation and thus send a clear signal that it will not let the murder of one of its members go unpunished;

4. Considers that the participation of the Speaker in the National Security Council does not relieve Parliament as such of its responsibility to ensure that justice is done in this case, and cannot replace the work of a parliamentary group specifically monitoring the investigation;

5. Remains convinced that parliamentary monitoring action, as a manifestation of Parliament's political responsibility, is essential to progress in this case, and emphasises once again that such action can in no way be construed as interference with the work of the investigative authorities; urges therefore once again the State Great Hural to set up a special parliamentary working group with a view to monitoring the investigation and thus clearly demonstrate its will to ensure that Mr. Zorig's murderers are identified and brought to justice;

6. Regrets that, according to the Deputy Speaker of the State Great Hural, the authorities no longer consider making use of foreign expertise in the field of criminal investigation, and fails to understand their argument since the initial mistakes in the investigation have long been known;

7. Stresses once again that States have a duty to dispense justice; recalls that, by failing to do so, they become guilty, by omission, of a violation of human rights; and reaffirms that Parliament, as a guardian of human rights, has a special duty to ensure that the executive and judicial authorities comply with their obligations, and thus has a duty to ensure that Mr. Zorig's murderers are identified and brought to trial;

8. Requests the Secretary General to convey this decision to the authorities and the sources, inviting them to keep it informed of progress made in the investigation;

9. 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.

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