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PALESTINE / ISRAEL
CASE No. PAL/02 - MARWAN BARGHOUTI

Resolution adopted by consensus by the IPU Governing Council at its 178th session
(Nairobi, 12 May 2006)


The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Marwan Barghouti, an incumbent member of the Palestinian Legislative Council, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/178/12(b)-R.1), and to the resolution adopted at its 177th session (October 2005),

Recalling that Mr. Marwan Barghouti was sentenced on 6 June 2004 by the Tel Aviv District Court, whose jurisdiction he did not recognize, to five life sentences and two 20-year prison terms, which he is currently serving in an Israeli prison, and referring to the expert report on Mr. Barghouti’s trial by Mr. Simon Foreman, submitted to it at its 174th session (April 2004),

Considering that Mr. Barghouti was re-elected on 25 January 2006 to the Palestinian Legislative Council,

  1. Can only reaffirm, in the light of the stringent legal arguments put forward in the report of the IPU trial observer, Mr. Simon Foreman, on which the Israeli authorities have not yet provided observations, 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. Reaffirms 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 Accords; and consequently urges the Israeli authorities once again to transfer Mr. Barghouti to the custody of the Palestinian authorities;

  3. Reiterates its wish for a Committee member to pay a private visit on Mr. Barghouti; and requests the Secretary General to raise this matter once again with the Israeli authorities;

  4. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 115th IPU Assembly (October 2006).
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