The Governing Council of the Inter-Parliamentary Union,

Having before it the case of Mr. Saleh Kebzabo, Mr. Mahamat Saleh Makki, Mr. Mahamat Malloum Kadre, Mr. Routouang Yoma Gola and Mr. Gali Ngothé Gatta, members of the National Assembly of Chad, which has been under examination by the Committee on the Human Rights of Parliamentarians since its 142nd session (5-8 October 2013) in accordance with the Procedure for the treatment by the Inter-Parliamentary Union of communications concerning violations of the human rights of members of parliament,

Taking into account the information provided by the delegation of Chad, led by the First Deputy Speaker of the National Assembly, to the Committee during the 129th IPU Assembly, and of the communication of the Speaker of the National Assembly dated 1 October 2013,

Consideringthe following information on file as confirmed by the National Assembly and the sources:

• On 1 May 2013, an attempted coup d’état was denounced on the national radio; late in the evening the members Mr. Saleh Makki and Mr. Malloum Kadre were arrested at their homes by the police under the flagrante delicto procedure;

• On 2 May 2013, the Government informed the National Assembly of their arrest and subsequently, on 7 May, requested its permission to hear four other members under the investigation into the attempted coup d’état; the Bureau of the National Assembly gave its consent but demanded respect for parliamentary immunity and for the procedure stipulated in the Constitution and sought additional information on the procedure followed, in particular the elements justifying recourse to flagrante delicto proceedings;

• On 8 May 2013, following their hearings, the members Mr. Gali Ngothé Gatta and Mr. Routouang Yoma Golom were in turn arrested; Mr. Saleh Kebzabo could not be heard or arrested since he was on an official mission outside Chad;

• The four members, two of whom are from the majority and two from the opposition, were charged with plotting and infringing the constitutional order; they are accused of having supported the preparation of a coup d’état by former rebels because among the documents found at the homes of those former rebels, and seized by the judiciary, was a call to stage a general uprising together with lists that included the names of the members;

• The members were placed in pretrial detention on the premises of the general intelligence services; until 20 May 2013 they were denied any contact with their lawyers, families and doctors;

• Mr. Routouang Yoma Golom and Mr. Gali Ngothé Gatta were released on parole by the examining magistrate on 22 May 2013, Mr. Malloum Kadre on 1 July and Mr. Saleh Maki on 25 September 2013; all remain indicted and the investigation of the case is ongoing; once the investigation has been completed, the examining magistrate will transmit the findings to the Attorney General of the Republic, who will decide on the follow-up action to be taken in the proceedings;

• The National Assembly has observed that the parliamentary immunity of the members, Article 111 of the Constitution of Chad and Articles 205 and 206 of the Code of Criminal Procedure relating to flagrante delicto procedure were not respected, denouncing those serious breaches of the procedural rules in the absence of any request to lift the immunity of the four members; despite its repeated demands, the National Assembly was unable to obtain any evidence of the existence of flagrante delicto in this case, whereas only duly established flagrante delicto could have dispensed the authorities from requesting the lifting of parliamentary immunity;

• The National Assembly, including all parliamentary groups, rallied to ensure that the members arrested were given the benefit of release on parole, in view of the procedural flaws, and this was recently achieved; the National Assembly continues to work to conclude this case with due regard for the principle of separation of powers;

• In the case of Mr. Saleh Kebzabo, on his return to Chad in late May 2013 he was neither arrested nor charged by the judicial authorities in the regime destabilization case; on 23 July 2013, the Government sought the lifting of his parliamentary immunity for contempt of court, impairment of the authority of the judiciary and slander after he had given an interview criticizing the judicial proceedings brought against journalists; the National Assembly put in place in early August a parliamentary commission which heard both parties and filed its report on 25 August 2013; on 2 September 2013, the National Assembly adopted the recommendations of the parliamentary commission and rejected the request to lift immunity by a vote of 176 against, one in favour and two abstentions,

1. Sincerely thanks the Speaker of the National Assembly and the delegation of Chad for their cooperation and for the information supplied;

2. Notes with deep satisfaction that the National Assembly reacted vigorously to the violation of the fundamental rights of the parliamentarians concerned and is maintaining its active involvement to ensure respect for their parliamentary immunity and the procedure prescribed by the Constitution of Chad; is heartened to learn that the four members have been given the benefit of release on parole and that parliamentary procedure was fully respected concerning the request to lift the parliamentary immunity of Mr. Saleh Kebzabo;

3. Deeply regrets the conditions in which the arrests and charging of the members of the National Assembly of Chad took place, in gross violation of the Constitution and of Chadian legislation;

4. Is extremely concerned at the seemingly new misuse of the flagrante delicto procedure tooverstep the constitutional procedure; considers that the National Assembly must be able wholly to appreciate the legality of recourse to the flagrante delicto procedure to ensure full respect for parliamentary immunity, and is therefore deeply worried that, in the case at hand, the executive and judicial authorities have not provided it with the background data sought; profoundly regrets that the Executive has hampered the work of the National Assembly in breach of the Constitution, thereby prejudicing exercise of the parliamentary mandate by the four members arrested;

5. Expresses the firm hope that the competent authorities will promptly take the necessary steps to remedy the present situation with due regard for both the independence of the Judiciary and fair trial standards; requests the National Assembly to keep it informed of developments in the case;

6. Requests the Secretary General to convey this resolution to the competent authorities and to the sources;

7. Requests the Committee to continue examining this case.

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