GUINEA

CASE N° GUI/01 - MAMADOU BHOYE BA
CASE N° GUI/02 - MAMADOU BARRY
CASE N° GUI/03 - THIERNO OUSMANE DIALLO
CASE N° GUI/05 - EL-HADJ AMIATA MADY KABA *
CASE N° GUI/06 - KOUMAFING KEITA *
CASE N° GUI/07 - MAMADY YÖ KOUYATE
CASE N° GUI/08 - IBRAHIMA KALIL KEITA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)

The Inter-Parliamentary Council,

Referring to the outline of the case the above-mentioned parliamentarians, opposition MPs of the National Assembly of Guinea, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/168/13(c)-R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Recalling that the MPs concerned were all arrested without their parliamentary immunity having been lifted, the executive authorities arguing that they were arrested in flagrante delicto, and were prosecuted and sentenced at the close of trials flawed by serious irregularities to prison terms ranging from two to five months,

Recalling that a National Assembly resolution calling for suspension of the detention of Mr. Bhoye Ba, Mr. Ousmane Diallo and Mr. Mamadou Barry has not been respected, on account of procedural flaws according to the Prime Minister,

Recalling that Mr. El-Hadj Amiata Mady Kaba, Ms. Koumafing Keïta, Mr. Mamady Yö Kouyate and Mr. Ibrahima Kalil Keïta stated that they had suffered ill-treatment while in detention and have complained,

Recalling that the Committee's on-site mission to Conakry in January 2000 gathered information and documents heightening the concerns it had expressed about respect for parliamentary immunity and for the prerogatives of the National Assembly, about the characterisation of a crime or offence as flagrante delicto, and about respect for the right to peaceful assembly, fair trial and humane treatment in detention,

Bearing in mind that the Republic of Guinea is a party to the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples' Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which guarantee the right to freedom of assembly, the right to freedom from arbitrary arrest and detention and from torture and ill-treatment, and the right to fair trial,

Noting that no new developments have been reported by either the authorities or the sources,

1. Reiterates its position regarding the circumstances of the arrest and detention of the MPs in question without prior lifting of their parliamentary immunity under the pretext of flagrante delicto, the failure of the executive authorities to respect a resolution of the National Assembly and the disregard of the principles of fair trial;

2. Infers from the silence of the authorities that no investigations have been started into the concurring declarations of the MPs concerned that they were ill-treated while in prison, and calls again on the authorities to abide by their obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to investigate these complaints without further delay;

3. Wishes to ascertain whether the National Assembly has taken measures to establish the procedure in the event of an Assembly resolution calling for suspension of the detention of an MP in accordance with Article 52 (4) of the Constitution;

4. Requests the Secretary General to convey this resolution to the President of the National Assembly, to the Prime Minister and to the Minister of Justice, inviting them to provide the requested information;

5. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001).

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