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CASE N° PAK/08 - ASIF ALI ZARDARI - PAKISTAN

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 167th session (Jakarta, 21 October 2000)


The Inter-Parliamentary Council,

Having before it the case of Senator Asif Ali Zardari, of Pakistan, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the “Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians”,

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/167/12(c)-R.1), which contains a detailed outline of the case,

Taking into consideration a letter from the Acting Permanent Representative of Pakistan to the United Nations Office in Geneva, dated 13 October 2000,

Considering that Senator Zardari was arrested on 4 November 1996 and has remained in prison since then; that, as detailed in the Committee's report, five different criminal proceedings are currently under way against him before ordinary courts including three murder cases, a drug case and an artefacts smuggling case; that in addition six proceedings under the Ehtesab (Accountability) Act were instituted against him, five of which are still under way and one resulting in his sentencing to five years' imprisonment and disqualification from holding public office for a period of five years and a fine of US$ 8.6 million; that he has appealed against this judgment and sentence to the Supreme Court, which on 12 September 2000 decided to adjourn the proceedings to a date as yet unspecified,

Considering that, in May 1999, Senator Zardari was taken from judicial custody to the Central Investigative Agency (CIA) for interrogation, where - as established by an official investigation - he was ill-treated reportedly to extract a statement from him implicating his wife, Benazir Bhutto, in Justice Nizam's murder; that on 19 May he was transferred from the CIA Centre to the Agha Khan Hospital at around 2 p.m. with a profusely bleeding mouth; that the judicial inquiry tribunal set up by the Government to ascertain the causes of his injuries concluded that the CIA officers were not authorised by law to interrogate Mr. Zardari and that the injuries he had sustained during such interrogation were the result of severe ill-treatment on the night of 19 May 1999; according to the sources, instead of prosecuting the perpetrators of such ill-treatment, Senator Zardari will now be prosecuted for attempted suicide, an offence under Pakistani penal law,

Considering the different forms of harassment to which five lawyers on Mr. Zardari's defence team have reportedly been subjected, including kidnapping, attacks, arbitrary arrest, threats and travel restrictions,

Further considering that Mr. Zardari is ill and that a medical board set up by order of the High Court of Sindh for his medical examination and treatment reportedly ordered that he be hospitalised; that he is at present in hospital; that the Board also recommended treatment in a specialised spinal institution abroad; that Mr. Zardari was granted bail on medical grounds in all cases pending against him with the exception of two (the narcotics case pending in Lahore and the appeal against the conviction under the Ehtesab Act pending before the Supreme Court),

Noting that, according to the information supplied by the Acting Permanent Representative of Pakistan to the United Nations Offices in Geneva, Mr. Zardari is receiving all possible medical treatment,

  1. Thanks the Permanent Representative of Pakistan to the United Nations Offices in Geneva for his letter; regrets, however, that it provides only information on Mr. Zardari's medical treatment;
  2. Is alarmed that, as established by an official investigation, Mr. Zardari was ill-treated while in detention and that, instead of those responsible for such criminal action being brought to justice, he could be prosecuted on a charge of attempted suicide;
  3. Urges the authorities to bring the culprits to justice without further delay, as their duty commands;
  4. Expresses concern at Mr. Zardari's state of health, and urges the authorities to ensure that he receives medical treatment as suggested by the medical board set up by judicial order; stresses in this connection that it is a universal practice to authorise prisoners who are seriously ill to be treated outside custody;
  5. Supports the request for release on bail lodged by the defence lawyers on medical grounds; stresses that the evidence of ill-treatment in custody would in itself justify his release for independent medical treatment;
  6. Wishes to ascertain whether the International Committee of the Red Cross has access to Mr. Zardari;
  7. Notes with concern the length of the different proceedings under way against Senator Zardari, and observes that in some cases the trial has reportedly not even started although the proceedings were brought four years ago, and stresses that, under internationally recognised human rights norms, anyone arrested or detained on a criminal charge must be tried without undue delay or otherwise released immediately;
  8. Expresses its concern at the serious forms of harassment to which Senator Zardari's lawyers have reportedly been subjected, further exacerbated by the denial of his right to select counsel of his own choice and his right to be present during his trial in the drug case, especially as it carries the death penalty;
  9. Urges the competent authorities to ensure, as their duty commands, that Mr. Zardari may fully exercise his right to defence, which is inherent in the right to fair trial;
  10. Requests the Secretary General to bring this decision to the attention of the competent authorities in Pakistan and to seek the relevant information from them;
  11. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April 2001).


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