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Resolution adopted unanimously by the Governing Council
at its 177th session (Geneva, 19th October 2005)

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/177/11(a) R.1), and to the resolution adopted at its 176th session (April 2005),

Taking account of the letter from the Diplomatic Advisor to the Speaker of the Knesset dated 6 October 2005,

Recalling that Mr. Hussam Khader was arrested on 17 March 2003 in Balata refugee camp by the Israel Defense Forces and transferred to Israeli territory, and that his trial opened in July 2003; considering that at the hearing of 4 September Mr. Khader accepted a plea bargain on the basis of amended charges, and that the sentence will be handed down on 23 October 2005,

Recalling also the concerns it has expressed at the alleged ill-treatment of Mr. Khader in detention, the interrogation methods used and his state of health, his extremely limited visiting rights, the doubts as to the reliability of the main witness in this case, in addition to its position that Mr. Khader's trial by an Israeli court constitutes a breach of Article 49 of the Fourth Geneva Convention, to which Israel is a party,

Having before it the report of Mr. Simon Foreman, lawyer in the Soulez&Larivière Laywers' Office in Paris, who, on behalf of the IPU, observed the trial hearings of 29 June and 4 September 2005,

  1. Thanks the Israeli authorities, in particular the parliamentary authorities for the efforts made to facilitate Mr. Foreman's mission and for the cooperation and assistance extended to him;

  2. Thanks Mr. Foreman for carrying out the mission and for his 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 as well;

  4. Would be grateful to receive, as offered by the parliamentary authorities, an English translation of the plea bargain;

  5. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 114th IPU Assembly (May 2006).

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