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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 case of Mr. Marwan Barghouti, an incumbent member of the Palestinian Legislative Council in Ramallah, 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),

Recalling that on 15 April 2002 the Israeli Defence Forces arrested Mr. Marwan Barghouti in Ramallah and transferred him to Israeli territory; trial proceedings on charges of premeditated murder, being accessory to murder, incitement to murder, attempted murder, conspiracy to commit a crime, activity in a terrorist organisation and membership in a terrorist organisation opened before the Tel Aviv District Court on 19 January 2003; the last hearing took place on 29 September 2003 but the court has not as yet delivered its judgment,

Recalling the concerns it has expressed at the alleged ill-treatment of Mr. Barghouti in detention, the interrogation methods used and his state of health, in addition to its questioning of the competence of the Israeli court to try Mr. Barghouti,

Recalling that the on-site mission the Committee had decided to carry out did not take place since the Israeli authorities refused to let the delegation meet Mr. Barghouti personally; taking up an invitation from the Speaker, extended in his letter of 9 July 2003, to observe the trial proceedings, it decided at its 173rd session to send a trial observer; however, the last court hearing having taken place on 29 September 2003, the Committee decided to send an expert to Israel to gather on the spot as much detailed information as possible on Mr. Barghouti’s trial;

Considering that the expert, Mr. Simon Foreman, a lawyer in the Soulez & Larivière law firm in Paris, travelled to Israel on 8 and 9 December 2003 and was able to meet the prosecutor in the case, Mr. Barghouti’s defence and other parties; he has provided the Committee with his report, which is annexed to the resolution,

  1. Thanks the Israeli authorities, in particular the prosecutor in Mr. Barghouti's case, for the cooperation they extended to Mr. Simon Foreman; also thanks all other parties with whom he met for their cooperation;

  2. Thanks Mr. Simon Foreman for carrying out the mission and for his detailed and comprehensive report;

  3. Requests the Secretary General to convey the report to all parties concerned for any observations they may have, which will subsequently be published;

  4. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it, in the light of the report and any comments thereon that it may have received, at its next session, to be held on the occasion of the 111th Assembly (September-October 2004).

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