The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Marwan Barghouti, an incumbent member of the Palestinian Legislative Council (PLC), and to the resolution it adopted at its 194th session (March 2014),

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”,

Recalling the following on file regarding Mr. Barghouti’s situation:

• He 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 of 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;

• 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”,

Considering that Israel released 26 long-serving Palestinian prisoners every day on 13 August, 30 October and 30 December 2013, as part of a United States-brokered deal allowing the resumption of Israeli-Palestinian peace talks; the individuals form the first three of four groups of Palestinian prisoners detained before 1993, totalling 104 individuals; the release of the fourth and last batch of prisoners, due to take place at the end of March 2014, did not occur following disagreements between Israeli and Palestinian authorities about the peace talks,

Considering that, in the face of escalating violence in the region, the United Nations Human Rights Council convened a special session on 23 July 2014 and adopted a resolution on the question of “Ensuring respect for international law in the Occupied Palestinian Territory, including East Jerusalem”, in which it expressed “deep concern at the condition of Palestinian prisoners and detainees in Israeli jails and detention centres, in particular following the arrest by Israel of more than 1,000 Palestinians since 13 June 2014, and calls upon Israel, the occupying Power, to immediately release all Palestinian prisoners whose detention is not in accordance with international law, including all children and all members of the Palestinian Legislative Council”,

1. Deeply deplores that 12 years after his arrest Mr. Barghouti remains in detention as the 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;

2. Calls on the Israeli authorities to release him without delay and to provide, until that occurs, new official information on his current conditions of detention, in particular his family visiting rights, along with information on the extent to which he has access to medical care; remains concerned in this regard about the reported prison conditions in which Palestinian prisoners are held in Israel;

3. Urges the authorities to accede to its own long-standing request, for as long as Mr. Barghouti remains imprisoned, to be granted permission to visit him; sincerely hopes that the authorities will respond favourably and facilitate such a visit;

4. Requests the Secretary General to convey this decision to the relevant authorities, the complainant and any third party likely to be in a position to supply relevant information;

5. Requests the Committee to continue examining this case and to report back to it in due course.

---

Note: you can download a complete electronic version of the brochure "Results of the 131th Assembly and related meetings of the Inter-Parliamentary Union" in PDF format (file size 1026 Kb). This version requires Adobe Acrobat Reader, which you can download free of charge.

HOME PAGEIPU ASSEMBLYMAIN AREAS OF ACTIVITYIPU STRUCTURE AND DOCUMENTS