The Governing Council of the Inter-Parliamentary Union,

Referring to the case of the above-mentioned parliamentarians from Eritrea, 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),

Recalling that the former parliamentarians concerned, all also former senior government officials, have been held in incommunicado detention since their arrest on 18 September 2001; their detention followed the publication, in May 2001, of an open letter in which they called for respect for the rule of law, justice and democratic reform through peaceful and legal means; owing to their incommunicado detention, there are increasing fears for their health and safety; according to the authorities, the former parliamentarians concerned committed crimes against the sovereignty, security and peace of the nation during the Eritrea-Ethiopia war; moreover, in line with normal government policy and practice, they have been afforded humane treatment and provided with the necessary medical care,

Considering that the African Commission on Human and Peoples’ Rights (ACHPR), at its thirty-fourth session (November 2003), adopted a decision in this case, which, as part of the Commission's 17^th activity report, was adopted by the Summit of Heads of State and Government of the African Union (AU) held in January 2005 in Abuja, Nigeria, and, in accordance with the Commission's rules of procedure, has therefore become public; considering that, in its decision on this case, the ACHPR found the State of Eritrea in breach of Articles 2 (entitlement without discrimination to the enjoyment of human rights enshrined in the Charter), 6 (right to liberty and security of person), 7(1) (right to fair trial) and 9(2) (right to freedom of expression) of the African Charter on Human and Peoples’ Rights; it urged the State of Eritrea to order the immediate release of the 11 detainees and recommended that the State of Eritrea compensate them,

Considering that, in response to the African Commission's decision, the Ministry of Foreign Affairs of Eritrea stated that "the Eritrean Government did not throw away or stash the matter indefinitely" and that the authorities had been unable to bring the 11 detainees before a court of law because of the deficient nature of the criminal justice system in Eritrea; within the High Court of Asmara, there was only one chamber responsible for handling criminal cases, and its timetable was consequently very congested and difficult to manage; hence the delay in bringing the matter of the 11 detainees before a court of law; considering that, in contrast to the Ministry's statement, the Ambassador of Eritrea to the European Union, Belgium, Luxembourg, Portugal and Spain, in his communications with the IPU Secretariat, has stated several times, most recently in his letter of 25 September 2004, that the question whether to start trial proceedings "must be considered in conjunction with progress in the peace process, as the case entails extremely sensitive aspects pertaining to the implication of third countries and a possible adverse impact on the peace process", and that it was therefore correct to assume that their cases would be brought before a court upon completion of the peace process,

Bearing in mind that the Constitution of Eritrea (1997) provides that every person held in detention must be brought before a court of law within 48 hours of his or her arrest, and that no person shall be held in custody beyond such period without the authority of the court (Article 17, paragraph 4),

1. Notes with deep regret that the situation of the former parliamentarians concerned remains unchanged, and that they have now been held in incommunicado detention for three years without being brought before a judge and without any charges being laid against them;

2. Can therefore but reaffirm that this situation constitutes a gross violation of their fundamental rights under the Constitution of Eritrea and under the African Charter of Human and Peoples’ Rights, to which Eritrea is a party;

3. Notes the discrepancy in the explanation given by the authorities as to the reasons for the delay in the judicial proceedings; reaffirms that in any event no argument whatsoever can justify such a violation of human rights;

4. Fears that the refusal of the authorities to bring the former parliamentarians concerned to trial, rather than being linked to the peace process, suggests that the accusations brought against them are groundless;

5. Urges the authorities to heed the recommendations of the African Commission on Human and Peoples’ Rights without further delay, as it is bound to do as a party to the African Convention on Human and Peoples' Rights, and to release the former parliamentarians concerned forthwith;

6. Remains convinced that an on-site mission would contribute to a settlement of this case; therefore reiterates its wish to carry out such a visit; and requests the Secretary General to pursue his efforts to this end;

7. Requests the Secretary General to inform the authorities and the sources 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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