The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Hussam Khader, an incumbent member of the Palestinian Legislative Council, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/176/13(b)-R.1), and to the resolution adopted at its 175^th session (October 2004),

Taking account of the letters from the Diplomatic Adviser to the Speaker of the Knesset, dated 13 January, 9 and 29 March 2005; taking also account of communications from the source, dated 24 and 31 March 2005,

Referring to the expert report drawn up by Mr. Simon Foreman and commissioned by the Committee on the trial of Mr. Marwan Barghouti,

Recalling that Mr. Hussam Khader was arrested on 17 March 2003 at his home in Balata refugee camp by the Israeli defence forces and transferred to an Israeli detention facility and has been held by the Israeli Prison Service since 19 June 2003; noting that, according to the Israeli Prison Service, he is at present being held in the Hadarim detention centre in a restricted wing and has continued to direct terrorist acts from inside the detention centre,

Considering that the sources have always affirmed that Mr. Khader's right to receive visits from his family and his lawyers is extremely limited, and noting in this respect that, according to the information provided by the Israeli Prison Service, Mr. Khader received only one visit of a family member in 2004 and had three visits of family members (his brother and his children) since the beginning of 2005; from his arrest until November 2004, he received the visit of one member of the Knesset and two visits of his lawyers, and again two visits of his lawyers since the beginning of 2005; considering that, according to the authorities, there is no formal ban on visitors seeing him; visits from abroad are subject to approval by the Israeli Prison Service; between 19 August and 19 September 2004 Mr. Khader was not allowed to receive visitors for disciplinary reasons; moreover, visiting arrangements were reviewed from time to time by the Israeli Prison Service,

Noting with respect to visiting rights that:

• a petition has been filed by an Israeli organisation demanding that permission be granted for contact visits of political prisoners by their children, which is set for hearing on 5 May 2005;

• according to the source, Mr. Khader's defence counsel sent a preliminary petition to the Minister of Justice seeking removal of the ban on his meeting his client;

• on 1 September 2004, the Supreme Court of Israel ruled that the right of prisoners and detainees to meet their lawyers was guaranteed, including those on hunger strike, and declared that barring such meetings was unlawful,

Considering that Mr. Khader is charged with (i) performing a service for an unauthorised association on account of his having at the end of 2002 approached Al Amir Sualama to reorganise the activities of the Martyrs of the Al-Aqsa Brigades; (ii) attempting wilfully to cause death on account of his having helped Amir Sualama to organise a suicide attack which finally did not take place owing to the arrest of the designated terrorist; (iii) failing to prevent three offences (intentionally causing death) on account of his not having notified the authorities of three planned terrorist attacks of which he had been informed by Amir Sualama, and in which two military officers were killed; noting that Mr. Khader denies all charges and has affirmed that Amir Sualama's statements against him were obtained under duress; considering that, according to the source, the prosecution successfully objected to the defence counsel's demand to question Amir Sualama, who is serving five life sentences, about the methods used by the authorities to obtain information from him; according to the authorities, in his testimony before the court Sualama claimed that senior persons in the Palestinian Authority had asked him to incriminate Mr. Khader in the event of his being detained; however, this was not corroborated by the testimonial material and totally contradicts his statements at his own trial,

Considering that, in reply to the allegation of the source that the defence counsel was denied access to prosecution material, the authorities stated that all public investigation material had been placed at Mr. Khader's disposal; however, since he was questioned by the General Security Services (GSS), a certificate of secrecy was issued that applied secrecy to the identity and sources of information, methods of action, capabilities and technical means, work procedures, and information-gathering means in the GSS; however, no conviction could be based on confidential material since the court did not receive material classified as secret; moreover, the defence had not applied for removal of the secrecy,

Considering that, with respect to the publicity of the trial hearings, the authorities have stated that hearings have been open with the exception of those at which GSS personnel have testified; those hearings were held, with the consent of Mr. Khader and his defence, in camera; according to the source, only following a petition to the court by Mr. Khader's counsel were media coverage and access permitted,

Noting that, according to the authorities, the prosecution will have completed its case in the approaching deliberations, after which the defence will present its case,

Bearing in mind that, as a result of the recent election of a new President in the Palestinian Authority, the Israeli authorities have indicated their willingness to re-establish cooperation with the Palestinian authorities,

1. Thanks the Speaker of the Knesset and his Diplomatic Adviser for the information provided and their cooperation;

2. Reiterates that the legal arguments put forward in Mr. Foreman’s report on the trial of Mr. Barghouti in respect of the forcible transfer of Palestinians to Israeli territory for the purpose of their prosecution, and the incompatibility of certain interrogation methods and conditions of detention with international human rights law, also apply mutatis mutandis in the case of Mr. Khader; and therefore can but once again urge the Israeli authorities to transfer Mr. Khader to the custody of the Palestinian authorities with a view to his being tried by them in accordance with international law;

3. Notes that Mr. Khader has been held in restricted prison sections throughout his detention, and would be interested to receive information as to how he might have directed terrorist attacks from such a location;

4. Notes with concern the extremely limited visiting rights not only of his family but also of his counsel, and fears that such restriction may greatly hamper his ability to defend himself and, in addition, may be at variance with the ruling of the Supreme Court of 1 September 2004 on the right of detainees and prisoners to meet their lawyers; would appreciate any observation in this regard;

5. Notes with deep concern that the prosecution case essentially rests on the statement of one person, who himself does not appear to be a credible witness;

6. Wishes to ascertain whether any investigation has been instituted into Mr. Khader's complaint of ill-treatment in detention, especially during interrogation;

7. Decides to send a legal practitioner to observe the remaining hearings in Mr. Khader’s trial, and requests the Secretary General to take the necessary steps to this end and to inform the authorities and Mr. Khader's defence accordingly;

8. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 113^th IPU Assembly (October 2005).

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