The Governing Council of the Inter-Parliamentary Union,
Referring to the case of the 56 former parliamentarians listed above, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/184/12(b)-R.1), and to the resolution adopted at its 183rd session (October 2008),
Taking into account the communications of the Attorney General and his Office of 2 February and 13 March 2009,
Recalling its long-standing concern that the 56 members of Congress, more than half of its membership, were dismissed and barred for one year from participating in political life by a decision of the Supreme Electoral Court (TSE) which lacked any firm legal basis, and were afforded no opportunity of obtaining an effective remedy in court; that, categorically rejecting their dismissal, many of the 56 persons concerned continued to meet at alternative venues in Quito in representation of the legitimate Congress of Ecuador; that, at the same time, the Congress from which they had been dismissed had several of them replaced and continued to meet in the parliamentary building,
Recalling that the Pichincha District Attorney requested that criminal proceedings be instituted against 24 of the dismissed deputies for compromising State security and for overstepping their functions by continuing to meet as members of Congress after their dismissal,
Considering that the case was mistakenly sent to the Pichincha 18th Criminal Court which lacked competence to examine the matter since one of the 24 persons, as a senior army reserve officer, was subject to the jurisdiction of the High Court; on 10 January 2008, the Pichincha District Attorney asked for the file to be returned to the Attorney General's district office to enable investigations and proceedings to continue,
Considering that legislative elections will be held in Ecuador on 26 April 2009 and that no information has been received to indicate that the 24 persons are not fully enjoying their civil and political rights,
- Thanks the Attorney General and his Office for their extensive information and cooperation;
- Nevertheless deplores the fact that the judicial authorities have not decided to drop the charges against 24 of the dismissed deputies; reaffirms its belief that these charges punish them because they legitimately exercised their parliamentary mandate and prolong the injustice already inflicted on them as a result of their unlawful dismissal; calls again on the authorities to drop the charges forthwith;
- Trusts that there are no obstacles to prevent the 56 dismissed deputies from standing in the forthcoming legislative elections should they so wish; would appreciate confirmation on this point;
- Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 121st Assembly of the IPU (October 2009), in the hope of being able then to close the case.
HUMAN RIGHTS