MOTION FOR A RESOLUTION on Fair justice in Bolivia, notably the cases of Elód Tóásó and Mario Tadic

19.11.2013 - (2013/2953(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 122 of the Rules of Procedure

Véronique De Keyser, Ana Gomes, Liisa Jaakonsaari, Joanna Senyszyn, Mitro Repo, María Muñiz De Urquiza, Pino Arlacchi, Antigoni Papadopoulou, Marc Tarabella on behalf of the S&D Group

See also joint motion for a resolution RC-B7-0499/2013

B7‑0499/2013

European Parliament resolution on Fair justice in Bolivia, notably the cases of Elód Tóásó and Mario Tadic

(2013/2953(RSP))

The European Parliament,

- having regard to the Universal Declaration of Human Rights, especially to its Articles 9 and 10,

- having regard to the International Covenant on Civil and Political Rights, especially to its Articles 9, 10, 14, 15 and 16, which is signed and ratified by Bolivia,

- having regard to the United Nation Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is signed and ratified by Bolivia,

- having regard to the European Convention on Human Rights, especially to its Articles 1, 2, 3, 5, 6 and 7,

- having regard to the Charter of Fundamental Rights of the European Union, especially to its Articles 47 and 48,

- having regard to the American Convention on Human Right, which is signed and ratified by Bolivia,

- having regard to the Inter-American Convention to Prevent and Punish Torture, which is signed and ratified by Bolivia,

- having regard to the Bolivian Constitution and the Code of Criminal Proceedings,

- having regard to its previous resolutions on the situation in Bolivia,

- having regard to Rule 122 of its Rules of Procedure;

 

A.  whereas on 16 April 2009 in the Bolivian city of Santa Cruz de la Sierra the Bolivian Bolivian Forces arrested Előd Tóásó, Hungarian citizen and Mario Tadic, Croatian citizen;

B.  whereas on 18 May 2010, Article 239 of the Bolivian Code of Criminal Proceedings Procedure referring to length of pre-trial detention was amended and prolonged retroactively;

C.  whereas under the amended Bolivian rules preventive detention shall cease when 36 months have passed from the arrest without an accusation or without judgement;

 

1.  Calls on Bolivian authorities to clarify the situation of Előd Tóásó and Mario Tadic, currently detained in Bolivia, and to ensure them a fair and independent trial, to respect the human rights and the presumption of innocence, according to Bolivian national Criminal law ;

2.                    Calls on the European External Action Service to keep the case high on the agenda and take concrete measures and steps, furthermore to contact and cooperate with the different United Nations bodies to address the situation;

 

3.        Instructs its President to forward this resolution to the Council, the Commission, the High Representative for Foreign Affairs and Security Policy, the European Union's Special Representative for Human Rights, the parliaments and governments of the Member States, the Government and Congress of the Republic of Bolivia, the Secretary-General of the Organisation of American States, the Secretary-General of the United Nations and the UN Human Rights Council.