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Resolution adopted unanimously by the Governing Council
at its 174rd session (Mexico, 23 April 2004)

The Governing Council of the Inter-Parliamentary Union,

Referring to the outline of the case of Mr. Tengku Nashiruddin Daud of Indonesia, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/174/12(b)R.1), and to the resolution adopted at its 173rd session (October 2003),

Taking account of the information provided by the Indonesian delegation at the hearing held on the occasion of the 110th Assembly (April 2004),

Recalling that Mr. Daud disappeared on 24 January 2000 and was found dead the following day, his body showing signs of torture; the source believes that Mr. Daudís murder is linked to his outspoken stance against the military and their activities in Aceh; the police claim that he was killed by members of the Free Aceh Movement (GAM) and rely in this respect on a statement made by Ibrahim AMD, a (former) suspect in the Jakarta Stock Exchange bombing; according to information supplied in June 2002 by the Attorney General to the United Nations Special Rapporteur on the Independence of the Judiciary, a suspect was found and hospitalised; noting that the police have affirmed that one of the presumed suspects was shot dead and the others have escaped to Malaysia,

Recalling also that, on 11 December 2001, the Chief of the National Police informed Parliament about the investigation, which he undertook to make more effective; on 4 July 2002 and 16 January 2003, the Chairperson of the Sub-Committee on Law and Human Rights of the House of Representatives invited him to provide information about the stage reached in the investigation; on the occasion of the 108th IPU Conference (March 2003) members of the Indonesian delegation stated that Parliament was monitoring the case but provided no details in that respect,

Considering that by Decree N° 79/PIMP/III/2003-2004 dated 12 April 2004, the Speaker of the House of Representatives decided to assign to the "House Monitoring Team to observe the conduct of the Integrated Operation in the Province of Nanggroe Aceh Darussalam and to monitor prevailing issues in Aceh" the additional task of monitoring the handling of the case and the investigation into the murder of Tengku Nashiruddin Daud; noting also that, according to the delegation, owing to the elections, the Team has as yet been unable to accomplish substantial work, but has contacted the Attorney General and the police authorities,

  1. Thanks the delegation for the information provided;

  2. Notes with satisfaction that Parliament has entrusted a parliamentary body with monitoring the investigation into the murder of Tengku Nashiruddin Daud;

  3. Trusts that its work will contribute to progress in the investigation and hopes that it will, in the near future, be able to provide answers to the questions it has raised, namely

    1. the circumstances in which Ibrahim AMD testified that GAM rebels had abducted and killed Tengku Nashiruddin Daud, and the legal status of Ibrahim AMD with respect to the investigation in this case, in particular whether he remains at the disposal of the investigating authorities for further questioning;

    2. the outcome of the efforts to ascertain the whereabouts of key witness Abu Bakar Daud and the testimony he gave to the police;

    3. whether the police contemplate following a line of inquiry which would take account of Mr. Tengku Nashiruddin's role as vice-chairman of the parliamentary commission inquiring into human rights abuses while Aceh was a military operational zone, given that the lead it has so far followed has yielded no result and appears to be based mainly on a statement by a suspect in another criminal case;

  4. Looks forward to receiving information as soon as possible on the work of the Monitoring Team and any results it may achieve;

  5. Recalls that impunity is a serious violation of human rights, encourages the repetition of crime, and undermines the rule of law and the confidence of citizens in the capacity of the State to fulfil its duty to dispense justice; stresses that impunity in the case of a murder of an MP is particularly grave as it impairs the institution of Parliament as such, and stands as a threat to all other members of Parliament and the society they represent as a whole;

  6. Requests the Secretary General to inform the parliamentary authorities and the sources accordingly;

  7. 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 111th Assembly (September-October 2004).

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