The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Marwan Barghouti, an incumbent member of the Palestinian Legislative Council, and to the resolution it adopted at its 191st session (October 2012),

Also referring to Mr. Simon Foreman’s expert report on Mr. Barghouti's trial (CL/177/11(a)‑R.2) and to the study published in September 2006 by B’Tselem (the Israeli Information Center for Human Rights in the Occupied Territories), entitled "Barred from Contact: Violation of the Right to Visit Palestinians Held in Israeli Prisons",

Taking into account the letter of 6 January 2013 from the Diplomatic Advisor to the Knesset,

Recalling the following: Mr. Barghouti was arrested on 15 April 2002 in Ramallah by the Israeli Defence Forces and transferred to a detention centre in Israel; on 20 May 2004, Tel Aviv District Court convicted him on one count of murder relating to attacks that killed five Israelis, on one count of attempted murder relating to a planned car bomb attack and on one count of membership in a terrorist organization, and sentenced him to five life sentences and two 20‑year prison terms; Mr. Barghouti did not lodge an appeal because he does not recognize Israeli jurisdiction; in his comprehensive report on Mr. Barghouti’s trial, Mr. Foreman stated that "the numerous breaches of international law make it impossible to conclude that Mr. Barghouti was given a fair trial"; those breaches included the use of torture,

Considering that, according to his letter of 6 January 2013, the Diplomatic Advisor to the Knesset stated that: "Mr. Barghouti was detained in ‘Hadarim’ prison. He was held in a regular cell with other inmates, without any separation or isolation. Mr. Barghouti is entitled to and in fact receives regular visits from his family, the last of which was on 4 December 2012,"

Recalling that, under the terms of the Israel/Hamas-brokered prisoner exchange, Israel released 477 Palestinian prisoners on 18 October 2011 and another 550 Palestinian prisoners during December 2011, and that those released included prisoners convicted of plotting suicide bombings inside buses and restaurants, such as Ms. Ahlam Tamimi, who had been sentenced to 16 life sentences, but not Mr. Barghouti; recalling also that several members of the Knesset have in the past called for Mr. Barghouti’s release, including Mr. Amir Peretz in March 2008 and later Mr. Guideon Ezra, member of Kadima, and that, following Mr. Barghouti’s election in August 2009 to Fatah’s Central Committee, the then Israeli Minister for Minority Affairs, Mr. Avishaï Braverman, expressed support for his release,

Considering that on 13 August 2013, Israel released 26 long-serving Palestinian prisoners as part of a United States-brokered deal allowing the resumption of Israeli-Palestinian peace talks; the 26 individuals form the first of four groups of Palestinian prisoners detained before 1993, totalling 104 individuals, who should be released, as approved by the Israeli Cabinet, at staged intervals within nine months, assuming that progress is made in the negotiations,

1. Thanks the Diplomatic Advisor for his letter; takes note with interest of the information contained therein regarding Mr. Barghouti’s family visiting rights; would appreciate receiving further details in this regard along with information on the extent to which he has access to medical care;

2. Deeply regrets that Mr. Barghouti has spent over 11 years in detention as a result of a trial which, in the light of the compelling legal arguments put forward in Mr. Foreman’s report (on which the Israeli authorities have never provided their observations), did not meet the fair-trial standards which Israel, as a party to the International Covenant on Civil and Political Rights, is bound to respect, and therefore did not establish Mr. Barghouti’s guilt;

3. Reiterates, therefore, its call for his immediate release and sincerely hopes that the Israeli authorities will extend the list of Palestinian prisoners to be released by including Mr. Barghouti; is eager to receive the official views on such a prospect;

4. Requests the Secretary General to forward this resolution to the Speaker of the Knesset and to the competent governmental authorities, and to seek from them the requested information;

5. Requests the Committee to continue examining this case.

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