The Governing Council of the Inter-Parliamentary Union,

Referring to the outline of the case of Mr. Marwan Barghouti, an incumbent member of the Palestinian Legislative Council, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/175/11(a)-R.1), and to the resolution adopted at its 174th session (April 2004),

Referring also to the expert report on Mr. Barghouti’s trial, which was forwarded to all parties concerned for any comments; noting that neither the authorities nor the source have submitted any observations on the report,

Recalling that, in his report, the expert concluded that Mr. Barghouti’s arrest and transfer to Israel breached the Oslo II Accords of September 1995 and Article 49 of the Fourth Geneva Convention relating to the "protection of civilian persons in time of war"; he pointed, moreover, to the violation of several rights guaranteed under the International Covenant on Civil and Political Rights and the United Nations Convention against Torture, such as the prohibition of cruel, inhuman or degrading treatment and fair trial guarantees, and concluded that "the numerous breaches of international law ... make it impossible to conclude that Mr. Barghouti was given a fair trial",

Considering that, having reserved its judgment since 29 September 2003, the Tel Aviv District Court found Mr. Barghouti guilty on 20 May 2004 of the murder charges relating to attacks that killed five Israelis, of one count of attempted murder relating to a planned car bomb attack and of membership in a terrorist organisation; the Court sentenced him on 6 June 2004 to five life sentences and two 20-year prison terms; Mr. Barghouti has decided not to appeal since he does not recognise Israeli jurisdiction; considering also that, according to a Maariv International report dated 24 July 2004, Mr. Barghouti was to leave solitary confinement and be transferred to an ordinary ward of Ohaley Keidar prison,

1. Considers, in the light of the stringent legal arguments put forward in Mr. Foreman’s report, that Mr. Barghouti’s trial did not meet the standards of fair trial which Israel, as a party to the International Covenant on Civil and Political Rights, is bound to respect;

2. Considers further, in the light of the report, that Mr. Barghouti’s transfer to Israel was in breach of the Fourth Geneva Convention and the Oslo II Accords;

3. Therefore calls on the Israeli authorities to transfer Mr. Barghouti to the custody of the Palestinian authorities with a view to his being prosecuted by them in accordance with international law;

4. Wishes, in the meantime, to ascertain his conditions of imprisonment;

5. Requests the Secretary General to convey this resolution to the competent Israeli authorities and to the sources;

6. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 112^th Assembly (April 2005).

* The Israeli and Palestine delegations took the floor to comment on the resolution. Their observations may be found in the Summary Records of the 175^th session of the Governing Council.

 

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