The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Saleh Kebzabo, Mr. Mahamat Saleh Makki, Mr. Mahamat Malloum Kadre, Mr. Routouang Yoma Golom and Mr. Gali Ngothé Gatta, members of the National Assembly of Chad, and to the resolution it adopted at its 193rd session (October 2013),

Referring tothe communication from the Speaker of the National Assembly, dated 13 March 2014,

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

• 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; upon returning to Chad, he was neither arrested, nor charged in the regime destabilization case; however, on 23 July 2013, the Government filed an application to lift his parliamentary immunity for contempt of court, undermining the authority of the justice system and defamation, following an interview in which Mr. Saleh Kebzabo had criticized judicial proceedings brought against journalists; the National Assembly set up a parliamentary committee at the beginning of August, which heard the two parties and submitted its report on 25 August 2013; on 2 September 2013, the National Assembly adopted the parliamentary committee’s recommendations and rejected the application to lift immunity with a vote of 176 against, 1 in favour and 2 abstentions;

• The four other members, two of whom are from the majority and two from the opposition, were charged with conspiracy and undermining the constitutional order; they were 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, as well as 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;

• All parliamentary groups of the National Assembly rallied together to resolve the case and denounced the violation of the parliamentary immunity of the parliamentarians concerned; 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 Criminal Procedure Code relating to flagrante delicto procedure had not been respected and denounced those serious breaches of the rules of procedure: No application had been filed to lift the immunity of the four members and, despite its repeated demands, the National Assembly was unable to obtain any evidence showing the existence of flagrante delicto in this case, whereas only duly established flagrante delicto could have exempted the authorities from requesting the lifting of parliamentary immunity;

• 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,

1. Welcomes the resolution of the case;

2. Notes with satisfaction that the fact that the National Assembly rallied to ensure respect for the fundamental rights of the parliamentarians concerned had led to the ending and remedying of the violations found;

3. Decides to close the case;

4. Urges the Secretary General to convey this resolution to the competent authorities and sources.

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