The European Parliament,

–   having regard to the Presidency Declaration of 9 February 2005 on behalf of the EU on the political situation in Togo following the death of President Eyadema,

–   having regard to the statement of 8 February 2005 by the Co-Presidents of the ACP-EU Joint Parliamentary Assembly on the events in Togo following the death of President Eyadema on 5 February 2005,

–   having regard to the declarations made by ECOWAS, the African Union and many African leaders on the situation in Togo,

–   having regard to the Declaration of the 'Organisation Internationale de la Francophonie',

–   having regard to the African Charter on Human and Peoples' Rights,

–   having regard to Article 65 of the Togolese Constitution, which provides that 'should the Presidency of the Republic become vacant owing to death, the presidential duties shall be provisionally exercised by the Speaker of the National Assembly',

–   having regard to Article 76 of the Constitution, which states that 'the office of member of the government shall be incompatible with the performance of parliamentary duties',

–   having regard to Article 144 of the Constitution, which states that 'no revision procedure may be initiated or continued during an interim period',

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   whereas, following the sudden death of President Gnassingbe Eyadema on 5 February 2005 after 38 years in power, the Togolese armed forces installed his 39-year-old son, Faure Gnassingbe, as President,

B.   whereas, according to the country's Constitution, power should have passed to Fambare Ouattara Natchaba, the Speaker of Togo's National Assembly, who would be charged with organising presidential elections within 60 days,

C.   whereas Togo's National Assembly, which is dominated by Eyadema's Rally of the Togolese People (RPT) party, was hastily convened on 6 February 2005 to retroactively legitimise Gnassingbe's seizure of power and to amend the country's Constitution in order to allow Gnassingbe to rule for the next three years by serving out the remainder of his father's term,

D.   whereas, despite the fact that the Assembly has reinstated the former Constitution which applied before his father's death, Faure Gnassingbe has still not responded to international demands for his resignation in order to allow an interim president to organise a presidential election within the 60-day constitutional deadline,

E.   whereas the European Union will refuse to recognise the validity of any election organised under the authority of an illegitimate president who has come to power through a military coup d'état,

F.   whereas ECOWAS Heads of State, meeting in Niamey (Niger) on 9 February 2005, strongly condemned as a coup d'état the military intervention which led to Faure Gnassingbe being installed as President, condemned the subsequent manipulation of the Constitution by the National Assembly and demanded that the Togolese authorities restore the former Constitution so that presidential elections could be held within two months, or else face sanctions,

G.   having regard to the statements by the President of the Commission of the African Union, Alpha Oumar Konaré, according to whom 'the African Union cannot endorse a takeover of power by force',

H.   whereas the 'Organisation Internationale de la Francophonie' has also condemned the coup d'état in the strongest terms and has decided to suspend Togo from all its bodies and to suspend its multilateral cooperation with the country, with the exception of programmes directly benefiting the civilian population and those which may contribute to restoring democracy;

I.   whereas EC cooperation with Togo has been suspended since 1993,

1.  Condemns as a coup d'état the military interference in the succession to the Presidency of Togo by Mr Faure Gnassingbe, rather than by the Speaker of the National Assembly, Fambare Ouattara Natchaba;

2.  Calls for Faure Gnassingbe to stand down immediately;

3.  Notes that the Constitution was revised on 21 February 2005, but stresses that a return to constitutional order will only be possible if Mr Nachaba, Speaker of the National Assembly, is appointed to act as interim President and to organise elections, as provided for by the Togolese Constitution;

4.  Welcomes the sanctions applied by ECOWAS against Togo after ten days of fruitless mediation efforts, which include the expulsion of Togo from ECOWAS, the recall of Ambassadors and a ban on the arms trade and on visas;

5.  Welcomes also the similar statements and decisions made by the UN, the African Union, the European Union and the 'Organisation Internationale de la Francophonie';

6.  Calls on the Togolese National Assembly and other authorities to take immediate steps to remedy the situation and to ensure that free and fair elections, with full provision for international observation, are held within the next two months, in accordance with the Constitution;

7.  Reiterates its belief that any return to constitutional legality must include a resumption of the dialogue between Togolese political forces and a revision of the electoral code on the basis of consensus with a view to holding free, transparent and democratic elections;

8.  Condemns the decision to forbid all public demonstrations for a period of two months, the closing down of eight private TV and radio stations, and the undue army pressure on the independent media, warning journalists about their coverage; calls for the Togolese armed forces to remain in their barracks and to refrain from activities that could lead to further unrest;

9.  Calls for the right to demonstrate peacefully and engage in political campaigning to be guaranteed, and for those responsible for killings and other human rights violations perpetrated against demonstrators who protested against the military coup d'état to be tried and punished;

10.  Recalls that the self-appointed Togolese authorities must take full responsibility for any attacks made against the physical safety of civilians, in particular representatives of opposition political parties, human rights activists and journalists;

11.  Calls on the Commission not to restart negotiations with a view to a gradual resumption of cooperation until after free and transparent presidential and parliamentary elections have been held;

12.  Calls on the Commission to propose targeted sanctions against those responsible for the coup d'état;

13.  Instructs its President to forward this resolution to the Council, the Commission, the Secretaries-General of the UN, the AU and ECOWAS, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, and the President, Government and National Assembly of Togo.