Doc. 9083

4 May 2001

Privileges and immunities of Mr Ilie Ilascu as a member of the Parliamentary Assembly of the Council of Europe

Motion for an order

presented by Mr Olteanu and others

This motion has not been discussed in the Assembly and commits only

the members who have signed it

The Assembly,

1.       In view of Article 40 of the Statute of the Council of Europe, providing that representatives of member states shall enjoy in the territories of these states such privileges and immunities as are necessary for the fulfilment of their functions;

2.       In view of Article 15(b) of the General Agreement on Privileges and Immunities of the Council of Europe, which states that during the sessions of the Assembly, the representatives to the Assembly and their substitutes shall enjoy exemption from arrest and prosecution on the territory of another member state;

3.       Observing that, notwithstanding these provisions, Mr Ilie Ilascu, member of the Romanian delegation to the Parliamentary Assembly, is still being detained in a prison in Tiraspol, and that he is in serious health,

4.       Strongly condemns this violation of the relevant provisions of the Statute and the General Agreement and regrets Mr Ilascu’s personal situation;

5.       Instructs its Committee on Rules of Procedure and Immunities to examine this clear failure to respect Mr Ilascu’s privileges and, in close co-operation with the Committee on Legal Affairs and Human Rights, to submit proposals to the Assembly rapidly, in order to find the most appropriate solution so that Mr Ilascu may fulfil his mandate as a member of the Parliamentary Assembly freely.

Signed :¹

Olteanu, Romania, SOC

Akçali, Turkey, EDG

Alis Font, Andorra, SOC

Cerrahoğlu, Turkey, EDG

Clerfayt, Belgium, LDR

Derycke, Belgium, SOC

Gjellerod, Denmark, SOC

Gross, Switzerland, SOC

Hoeffel, France, EPP/CD

Holovaty, Ukraine, LDR

McNamara, United Kingdom, SOC

Michel, France, SOC

Ojuland, Estonia, LDR

Popescu, Ukraine, SOC

Prisăcaru, Romania, SOC

Robol, Italy, EPP/CD

Squarcialupi, Italy, SOC

Stoica, Romania, LDR

Vanoost, Belgium, SOC

Yáñez-Barnuevo, Spain, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR: Liberal, Democratic and Reformer’s Group

      UEL: Group of the Unified European Left

      NR: not registered in a group