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Resolution adopted unanimously by the IPU Governing Council at its 182nd session
(Cape Town, 18 April 2008)

The Governing Council of the Inter-Parliamentary Union,

Having before it the case of Ms. Mariam Saleh, a member of the PLC and former Minister of Women's Affairs from March 2006 to March 2007, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians following the Procedure for the treatment by the Inter-Parliamentary Union of communications concerning violations of the human rights of members of parliament,

Taking note of the report of the Committee on the Human Rights of Parliamentarians, which contains a detailed outline of the case (CL/182/12(b)-R.1-Add.),

Considering that according to the source Ms. Mariam Saleh was arrested on 13 November 2007, reportedly on accusations (i) of membership in the "Change and Reform" bloc; (ii) membership in the Huda Society for Women; (iii) travelling abroad while Minister of Women's Affairs and having met with Prime Minister Ismail Haniyeh and Khaled Mashaal, and (iv) other reasons which the prosecution classified as confidential and refused to disclose to the defence; that, however, the prosecution was reportedly unable to adduce any evidence to sustain the accusation and to charge her,

Considering that on 17 December 2007, the Ofer military court ordered her release on payment of 7,000 shekels, but gave the prosecution the right to appeal, which it did; that the next day Ms. Saleh was transferred to administrative detention; that on 30 December her administrative detention was prolonged to six months at the request of the Israeli Intelligence Service, but this period was reduced by the court to three months, and noting that on 30 March 2008, the Appeal Court maintained the administrative detention order until June 2008 without adducing any grounds; that Ms. Saleh is reportedly held in Tel Mond prison,

  1. Is deeply concerned at the arrest and detention of Ms. Mariam Saleh in the absence of any valid charges or valid grounds, such as confinement for psychiatric reasons, for health reasons or in connection with asylum and immigration matters;

  2. Fears therefore that, rather than being related to any criminal activity on her part, Ms. Saleh's arrest relates to her political views;

  3. Affirms moreover that adducing secret material to justify detention leaves detainees entirely defenceless, at the mercy of the authorities, and that such practices make for arbitrariness and hence lawlessness;

  4. Recalls that Israel, as a party to the International Covenant on Civil and Political Rights is bound to respect the right to liberty as guaranteed in its Article 9 and that arrest and detention in the absence of charges and any other valid grounds is arbitrary and therefore prohibited, and urges therefore the authorities to release Ms. Saleh forthwith;

  5. Requests the Secretary General to bring this case to the attention of the United Nations Working Group on Arbitrary Detention;

  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 119th Assembly of the IPU (Geneva, October 2008).
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