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/174/12(b)-R.1), and to the resolution adopted at its 173rd session (October 2003),

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

Recalling that the investigation into Mr. Zorig’s murder in October 1998 has been unavailing so far; while the authorities followed up the recommendation it made after the on-site mission of August 2001 to set up a single investigation group, they have not responded to its suggestion, despite initially receiving it favourably, to use foreign expertise in the field of criminology; instead, in December 2002 the Minister of Justice announced a reward of 500 million tugriks (approx. US$ 500,000) to anyone providing information enabling the authorities to resolve the case,

Considering that a Mongolian national, Mr. Enkbat Damiran, was taken back to Mongolia from France, where he had been living since 1998, the year of Mr. Zorig’s murder; there are reports that Mongolian intelligence officers kidnapped and forcibly returned him via Germany to Mongolia, where he was detained; Mr. Enkbat claimed that police officers had encouraged him to confess to Mr. Zorig’s murder and said the police had tried to bribe him into admitting the crime and claiming that it had been ordered by Mr. Enkshaikan, the leader of the opposition Democratic Party; according to the information provided by the Deputy Speaker, Mr. Enkbat had been serving a long prison term for a murder he committed in Mongolia when he escaped from prison and went to France, where he sought asylum under the false name of Bayaraa; he is now serving the remainder of his prison term and Parliament has been informed by different authorities that he may have been involved in Zorig's murder; the Deputy Speaker said he regretted that Enkhbat was making false statements when the police and secret service were doing their utmost to find Zorig's murderers,

Recalling that, in contrast to the previous Parliament, the present Parliament has not set up a parliamentary working group to follow the investigation; considering that, according to the Deputy Speaker, setting up such a working group would be unconstitutional because it would constitute interference with the work of the investigative authorities; it was, moreover, unnecessary as Parliament was receiving information from the National Security Council and was thus constantly informed of the investigation; noting, however, in this respect that the present Parliament did decide to set up a parliamentary working group to look into the circumstances of the arrest and detention of one of its members in July 2003,

Recalling that in June 2002 Parliament's Special Oversight Subcommittee conducted a confidential hearing on the current stage of the investigation, and considering in this respect that, at the hearing, the Deputy Speaker spoke of the possibility that Parliament would entrust that Committee with the task of working permanently on the Zorig case,

Considering finally that, according to the sources, the present majority party had promised to resolve this case when it won the 2000 elections,

1. Thanks the Mongolian delegation and in particular the Deputy Speaker for the information provided;

2. Is dismayed that, more than five years after Mr. Zorig's murder, the investigation has remained inconclusive; is deeply concerned in this respect that the authorities may have transferred Mr. Enkbat Damiran forcibly back to Mongolia and attempted to induce him to make false statements concerning Mr. Zorig’s murder;

3. Reaffirms its conviction that Parliament has an essential role to play in ensuring that the investigation is conducted with the necessary independence, diligence and thoroughness; is therefore pleased to note that the Deputy Speaker envisages the possibility of entrusting Parliament's Special Oversight Committee with the task of following Zorig's case; can only encourage Parliament to take that step and earnestly hopes that, despite the forthcoming elections, it will do so as soon as possible;

4. Reaffirms likewise its conviction that using foreign criminological expertise would help the investigation, and once again invites the competent authorities to make use of this possibility;

5. Stresses 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;

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

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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