The Governing Council of the Inter-Parliamentary Union,

Referring to the case of the aforesaid persons, all members of the Parliament of Madagascar suspended in March 2009, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/189/11(b)-R.1), and to the resolution adopted at its 188th session (April 2011),

recalling that this case must be placed in the context of the events that have taken place in Madagascar since the March 2009 coup d’état and the putting into place of the transition regime, in particular the Accord concluded in March 2011 between the Malagasy political actors and the last crisis-exit road map denoted a commitment of the Malagasy political actors, signed on 16 September 2011 under the auspices of the Southern African Development Community (SADC), which provides in its Article 20 that "[…] The High Transitional Authority (HAT) shall urgently develop and promulgate the necessary legal instruments, including an amnesty law, in order to guarantee the political freedom of all Malagasy citizens in the inclusive process culminating in the holding of free, fair and credible elections", and in its Article 26 that "any person who has been a victim of the political events between 2002 and the date of signature of the present road map who may have suffered prejudices of any nature whatsoever shall be entitled to reparation and/or compensation by the state in accordance with procedures laid down by the Malagasy Reconciliation Council",

recalling that the persons concerned all belong to the movement of the deposed President, Mr. Ravalomanana; that, according to the information supplied in October 2010 by the Permanent Representative of the Republic of Madagascar to the United Nations Office at Geneva, most of them sit in the Lower House of the Transitional Parliament, the Transitional Congress, Mr. Raharinaivo having been elected its Speaker,

Considering that the following information is at present on file with respect to the situation of the persons in question:

• Mr. Lantoniaina Rabenatoandro, Mr. Henri Randrianjatovo, Mr. Mamisoa Rakotomandimbindraibe and Mr. Raymond Rakotozandry were arrested on 23 April 2009 and accused of distribution of weapons and money, incitement to civil war and civil unrest, and destruction of public property; they were released on 18 August 2009 after being sentenced the same day to a suspended 12‑month prison term; an appeal against the sentence is ongoing; a ban on leaving the country has been lifted according to information supplied by the Permanent Mission of Madagascar to the United Nations at Geneva;

• Ms. Eliane Naïka was arrested on 12 September 2009 by military personnel who beat her up and took her away, without any arrest warrant, to a gendarmerie post; she was charged with concerted action making open use of force, with jeopardizing internal State security, and with insults and abuse; on 18 September 2009 she was conditionally released and left the country; differing information has been provided by the authorities and the sources as to the dropping of the proceedings against her;

• Mr. Randrianatoandro Raharinaivo was arrested on 15 September 2009 and charged with concerted action to commit violence, unauthorized gatherings, and insults and abuse; he was conditionally released on 19 November 2009; according to the authorities, the proceedings against him have been dropped and he was elected, in October 2010, Speaker of the Transitional Congress;

• Mr. Mamy Rakotoarivelo, Mr. Jacques Arinosy Razafimbelo, Mr. Yves Aimé Rakotoarison and Mr. Fidison Mananjara were subjected to judicial proceedings on the charge of undermining public order; according to information supplied by the authorities in October 2010, the proceedings against them have been dropped, which the source seems to deny; however, Mr. Rakotoarivelo was arrested on 15 March 2011 on the charge of instigating the bomb attack on 3 March 2011 on the vehicle of Mr. Rajoelina; he has meanwhile been released; the charges against him are based on the confessions of two other suspects who were reportedly tortured; the authorities have stated that, on 18 March 2011, the District Attorney immediately proceeded to verify the torture allegations and conferred with the two suspects without the presence of the investigators; they then affirmed that they had never been tortured; in view of that statement, he took the view that no investigation was needed; when they first appeared before the investigating magistrate, both suspects reaffirmed that they had not been tortured; the dean of the investigating magistrates nevertheless invited them to strip in order to detect any traces of lesions or injuries; he recorded in a memorandum the absence of such traces; before admission to the penal establishment, the routine medical showed a normal state of health, with no trace of apparent injuries;

• Mr. Stanislas Zafilahy, head of the parliamentary group of the Ravalomanana movement, was arrested on 11 November 2010 and accused of taking part in an unauthorized gathering, refusing to obey a dispersal order and destroying private property; according to the sources, the gathering in question was an authorized demonstration against the constitutional referendum of November 2010; according to the authorities, Mr. Zafilahy was charged with the crimes of criminal conspiracy and undermining public security and was given a suspended 10-month prison sentence; an appeal is under way;

• Mr. Rakotonirina Lovanantenaina was arrested with four other persons on 22 February 2011; he is reportedly accused of endangering State security by encouraging a group of amateur journalists to set up and run an illegal radio station called "Radio-n'ny Gasy"; the source affirms that this radio station was established in response to the closure by the authorities of some 90 private radio stations in 2010 and the detention of all journalists critical of the authorities; Mr. Lovanantenaina has requested his conditional release, which was initially refused but, according to information from the source, it was finally granted him on 29 September 2011,

1. Notes that the persons concerned are at present all free; that in five cases a first-instance judgment has been handed down and is being appealed, and that in the other cases, according to the source, proceedings are still under way, whereas according to the authorities, apart from the proceedings brought against Mr. Rakotoarivelo, Mr. Zafilahy and Mr. Lovanantenaina, those brought against the other parliamentarians concerned have been dropped;

2. Wishes to receive official information on the judicial situation of the parliamentarians concerned, including information about any bans on leaving the country still imposed on any of the parliamentarians concerned;

3. Observes that the September 2011 road map provides for an amnesty law in order to guarantee the political freedom of all citizens, including the parliamentarians concerned, and consequently their free participation in the electoral process ahead; recalls that an amnesty was also provided for in the previous agreements, and wishes to receive official information as to the prospect of adoption of the amnesty in the near future;

4. Notes furthermore that the prosecution has decided not to conduct an investigation into the torture allegations in the case of the attack of 3 March 2011; considers nevertheless that neither the statement of an alleged victim of torture nor the visual inspection of that person by someone not a physician, nor again a routine examination upon admission to a penal establishment, would alone suffice to conclude that torture was not used, and that consequently only an effective and impartial investigation could establish the facts; recalls in this respect that, in its initial report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment submitted in October 2010,^* the authorities ascribe the small number of torture complaints in Madagascar to the fear of reprisals and the lack of guarantees of legal protection for victims and witnesses before the adoption of the national legislation against torture (which entered into force in 2010); considers therefore that, failing such an investigation, the testimony of the suspects against Mr. Rakotoarivelo remains tainted and should not be utilized against him; wishes to receive the observations of the authorities on the subject;

5. Requests the Secretary General to bring this resolution to the attention of the competent authorities, in particular the parliamentary authorities, inviting them to supply the desired information;

6. Requests the Committee to continue examining this case and to report to it at its next session, to be held during the 126th IPU Assembly (March/April 2012).

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* CAT/C/MDG/1 of 23 February 2011

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