The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Lantoniaina Rabenatoandro, Mr. Henri Randrianjatovo, Mr. Mamisoa Rakotomandimbindraibe, Mr. Raymond Rakotozandry, Mr. Randrianatoandro Raharinaivo, Ms. Eliane Naika, Mr. Mamy Rakotoarivelo, Mr. Jacques Arinosy Razafimbelo, Mr. Yves Aimé Rakotoarison and Mr. Fidison Mananjara, all members of the Parliament of Madagascar when it was suspended in March 2009, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/187/12(b)-R.1), and to the resolution adopted at its 186th session (April 2010),

Recalling that this 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; the conclusion on 9 August 2009 of an agreement on the establishment of an inclusive, consensual, neutral and peaceful transition (Maputo Accord), which, however, the parties have failed to implement; considering that a new agreement, namely the Political Accord concerning the emergence from crisis, was signed on 13 August 2010 by the transitional government and 87 political parties, but not by the three main parties; that the Accord provides for the holding of a National Conference mandated to draft a new constitution and the holding of a constitutional referendum on 17 November 2010, followed by parliamentary elections on 16 March 2011 and presidential elections on 4 May 2011,

Recalling that the persons concerned are among the followers of ousted President Ravalomanana and that they are all accused of public order crimes, reportedly on account of the exercise of their freedom of speech and freedom of assembly; that several of them were humiliated upon arrest and Ms. Naika was beaten up by the officers who arrested her; considering that all of them have meanwhile been released and no arrest warrants for them are pending; that, however, proceedings are still pending against them and that with the exception of Ms. Naika, who is abroad, they are all subject to a travel ban,

Recalling that, in its previous resolution it held that an on-site mission would help the Committee to gather first-hand information necessary to understand all aspects of this case; considering that the mission could not go ahead as initially planned and that the Government decided to postpone it in view of the political situation in the country,

Considering that, in a letter of August 2010, the Minister of Justice provided detailed information on each of the charges pending against the persons concerned without, however, stating the facts adduced to sustain those charges, some of which are extremely grave such as laying of bombs and rebellion,

1. Thanks the Malagasy authorities, in particular the Minister of Justice for the information she provided;

2. Notes, however, that this information does not address its concerns, which rather relate to the facts invoked to support the charges and measure taken to hold to account those who ill-treated Ms. Naika and humiliated several other of the parliamentarians concerned;

3. Believes that the current political process under way in the country does not constitute an obstacle to the proposed mission, whose mandate would be limited to fact-finding, and consequently requests the Secretary General to seek anew the agreement of the authorities to the requested mission;

4. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 124th IPU Assembly (April 2011).

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