The Governing Council of the Inter-Parliamentary Union,

Having before it the case of Mr. Mamy Rakotoarivelo, Mr. Jacques Arinosy Razafimbelo, Mr. Yves Aimé Rakotoarison and Mr. Fidison Mananjara, who had arrest warrants issued for them and are all accused of complicity in mutiny, 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,

Referring to the case of Mr. Lantoniaina Rabenatoandro, Mr. Henri Randrianjatovo, Mr. Mamisoa Rakotomandimby, Mr. Raymond Rakotozandry, Mr. Randrianatoandro Raharinaivo and Ms. Eliane Naika, members of the Parliament of Madagascar dissolved in March 2009, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/186/12(b)-R.1), and to the resolution adopted at its 185th session (October 2009),

Considering that the case has to be seen in the context of the coup d'état perpetrated by Mr. Andry Rajoelina with the backing of the army in March 2009, the creation of a High Transitional Authority (HAT), presided over by himself and the subsequent dissolution of parliament; that since then a political dialogue between the four major political movements in Madagascar has been under way, coordinated by the Joint Mediation Team for Madagascar under the auspices of the African Union, the Southern African Development Community (SADC), the Organisation internationale de la Francophonie (OIF) and the United Nations to restore constitutional order, peace and stability to Madagascar; that on 9 August 2009, agreement was reached on the establishment of an inclusive, consensual, neutral and peaceful transition (Maputo Accord); however, the parties have failed to agree on the distribution of posts and the composition and functioning of the transitional institutions; that Mr. Rajoelina, President of the Transitional Authority, refused to attend a meeting convened by the President of the Joint Mediation Team to resolve the outstanding problems, and has instead de facto denounced the Maputo Accord, dismissed the Prime Minister upon whom the parties had agreed and stated his intention to organize legislative elections, which were first scheduled for March 2010 but later set for May 2010, to be followed by presidential elections,

Considering further that the Transitional Congress provided for in the Maputo Accord was prevented from convening on 22 December 2009 and its members were reportedly attacked by the military; that the President of the Transitional Congress, Mamy Rakotoarivelo, was arrested and later released on bail; he stands accused of planting bombs and encouraging a mutiny; that arrest warrants were issued for Mr. Jacques Arinosy Razafimbelo, Mr. Yves Aimé Rakotoarison and Mr. Fidison Mananjara, all of whom are accused of complicity in mutiny,

Recalling the following:

• Mr. Lantoniaina Rabenatoandro, Mr. Henri Randrianjatovo, Mr. Mamisoa Rakotomandimby and Mr. Raymond Rakotozandry were arrested on 23 April 2009 in humiliating circumstances, reportedly on account of their attempt to reconvene the dissolved parliament; they were released on 18 August 2009 after being sentenced to a one-year suspended prison term; an appeal is pending;

• Mr. Raharinaivo was arrested on 15 September 2009, and allegedly accused of insulting a police officer, violence and assault and battery, unauthorized gatherings and jeopardizing public order; he was released on bail on 19 November 2009 and the charges brought against him are: disturbing public order, unauthorized gathering and destruction of public property;

• Ms. Naïka, a member of the dissolved Senate of Madagascar, was arrested on 12 September 2009 by a group of heavily armed military officers under the command of Major Charles Randrianasoavina of the Special Intervention Forces (FIS), who manhandled and beat her up; on 18 September 2009, the court released her on bail and she left the country shortly afterwards; she reportedly stands accused of organizing and attending an illegal gathering, causing damage to public property, violence and assault and battery, insulting police officers and rebellion, and her trial was initially scheduled for 13 October 2009, before being adjourned to 2 February 2010,

Considering that the African Union, in the light of the failure of Mr. Rajoelina to implement the Maputo Accord, issued travel bans and froze his assets and that of 108 other persons backing him; that, apparently in retaliation for those measures, a travel ban, inter alia, has been imposed on the former parliamentarians concerned,

Bearing in mind that the Malagasy Constitution contains numerous provisions guaranteeing fundamental rights and that Madagascar is a party to the International Covenant on Civil and Political Rights, in which those rights are enshrined, and as such is bound to uphold them by virtue of its international obligations,

1. Expresses concern at the treatment inflicted on the parliamentarians in question, as it tends to show that the authorities are intent on suppressing and silencing opposition voices and on preventing the transitional parliament from convening and starting its work; and refers in particular to the arrest warrants issued for Mr. Razafimbelo, Mr. Rakotoarison and Mr. Mananjara and the charges laid against them and Mr. Rakotoarivelo, the brutal force used in Ms. Naïka's arrest and the issuing of travel bans on the former parliamentarians in question;

2. Calls on all parties concerned, in particular the President of the Transitional Authority, to comply with the agreements he has signed, and to refrain from any measures that contravene those agreements, and hence to ensure that the transitional parliament can meet and work as provided for in the Maputo Accord;

3. Recalls that, as a party to the International Covenant on Civil and Political Rights and to the African Charter on Human and Peoples' Rights, Madagascar is duty-bound to guarantee freedom of expression and assembly, freedom from arbitrary arrest and detention, and freedom from torture and ill-treatment;

4. Wishes (a) to ascertain the legal grounds for the issuing of the arrest warrants for Mr. Razafimbelo, Mr. Rakotoarison and Mr. Mananjara, the facts adduced to substantiate the charges brought against Mr. Rakotoarivelo and the legal grounds for the issuing of travel bans on all persons concerned, and (b) to receive a copy of any indictments issued against them as well as a copy of the judgment handed down at first instance on Mr. Rabenatoandro, Mr. Randrianjatovo, Mr. Rakotomandimby and Mr. Rakotozandry;

5. Urges the authorities once again to hold to account the persons who brutalized Ms. Naïka and whose identity is known;

6. Would appreciate receiving detailed information on the identity of the members of parliament for whom arrest warrants are at present pending;

7. Considers that the situation of the Malagasy members of parliament would warrant an on-site mission in order to obtain official first-hand information from all the parties concerned; requests the Secretary General to take the necessary measures to this end;

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 123rd IPU Assembly (October 2010).

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