Resolution adopted without a vote by the Inter-Parliamentary Council
at its 169th session (Ouagadougou, 14 September 2001)

The Inter-Parliamentary Council,

Referring to the resolution it adopted at its 168th session (April 2001) on the case of Senator Asif Ali Zardari of Pakistan and to the related report of the Committee on the Human Rights of Parliamentarians,

Taking account of a letter from the Permanent Representative of Pakistan to the United Nations Office in Geneva, dated 1 May 2001, and his recent meeting with the Secretary General, together with the information supplied by one of Mr. Zardari's lawyers on 29 August 2001,

Recalling that Mr. Zardari has been in prison since his arrest on 4 November 1996,

Considering that, according to his lawyers, Mr. Zardari is currently subjected to six different criminal proceedings, all of which are reportedly at a standstill, and to seven proceedings under the National Accountability (former Ehtesab) Ordinance (NABO), only two of which are said to be advancing,

Recalling that Mr. Zardari was acquitted in the KESC Kickback on 24 March 2000; on 6 April 2001 the Supreme Court ruled bias against the trial judge in the one and only case in which Mr. Zardari has so far been convicted (SGS case) and ordered a retrial; recalling that, according to his lawyers, Mr. Zardari has already served the five-year prison sentence handed down on him in this case, in view of the period spent in pre-trial detention and his entitlements to remission under Pakistan Prison Rules,

Recalling that, with respect to the NABO cases, the authorities stated that Mr. Zardari had "indulged in gross acts of corruption and corrupt practices and acts of abuse of authority",

Considering also that, according to his lawyers, Mr. Zardari was granted bail on medical grounds in all proceedings except the "narcotics case" despite his present entitlement to statutory bail, and the Polo Ground case, in which the judge is not empowered to grant bail,

Considering that the Permanent Representative of Pakistan stated, in his communication of 1 May 2001, that Mr. Zardari had not been granted bail on medical grounds by the Court "as he is not suffering from any life-threatening ailment…",

Noting that according to the source, contrary to Supreme Court orders, Mr. Zardari was moved to the Pakistan Institute of Medical Sciences in Islamabad, which allegedly lacks the requisite medical facilities for his treatment, and two of his cases were transferred to Fort Attock, an Army campus located over 500 miles from Karachi, necessitating an arduous journey that is said to be highly detrimental to Mr. Zardari's health,

Noting that the Permanent Representative of Pakistan stated in the said communication that Mr. Zardari "was transferred to Fort Attock in connection with his trial by the Accountability Court under the considered advice of the doctor attending Mr. Zardari, who certified that he was fit to travel to Islamabad. Mr. Zardari is in good health and was produced in Court on the advice of the medical doctor, fully taking into account his health. Additionally, a qualified physician has always accompanied him in an ambulance",

Recalling that Mr. Zardari's lawyers reportedly continue to be subjected to harassment, with army raids on Mr. Naek's office in April 2001 having led to strong condemnations from the Pakistan Bar Council and the Sindh Bar Council,

Recalling finally that a judicial inquiry tribunal set up by the Government concluded in August 1999 that the severe injuries Mr. Zardari sustained on 19 May 1999 while in the illegal custody of the Central Investigative Agency (CIA) Civil-Lines for interrogation were not self-inflicted; instead of Mr. Zardari's torturers being brought to justice, he himself was accused of attempted suicide; considering that the authorities have provided no information or observation in this respect,

1. Thanks the Permanent Representative of Pakistan to the United Nations Office for his cooperation;

2. Reiterates its concern at the serious allegations in this case, such as the lack of action by the authorities to bring the perpetrators of Mr. Zardari's ill-treatment to justice, the length of the proceedings under way against him and the harassment of his lawyers; notes that the authorities have not provided any information or observation in this respect;

3. Notes that the source and the authorities have divergent views on a wide range of other questions, such as the medical treatment which Mr. Zardari requires, the possibility of release on bail and the legal validity of the transfer of two of his cases to Fort Attock;

4. Strongly believes that a direct exchange of views between the authorities and the Committee would facilitate progress in this case, and requests the Secretary General to invite the Pakistani authorities to send a representative to the Committee's next session (January 2002) in order to convey their views, including on those points on which an official reply has not been forthcoming;

5. Requests the Committee to continue examining this case and report to it at its next session (March 2002), in the light of such information as the said exchange may produce.

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