The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Senator Asif Ali Zardari of Pakistan, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/180/12(b)-R.1), and to the resolution adopted at its 179th session (October 2006),

Taking account of the information provided by members of the Pakistani delegation at the hearing held on the occasion of the 116th IPU Assembly,

Recalling the following:

• Mr. Zardari was tortured during the night of 17 May 1999 and again on 19 May 1999 while in the custody of the Central Investigation Agency, Civil Line; a judicial investigation was launched which concluded in August 1999 that the injuries were not self-inflicted but the result of severe ill-treatment; however, no further action was taken; Mr. Zardari subsequently filed a complaint against the police officers concerned, and it was only by order of the court that a First Information Report (FIR) was registered on 9 February 2005; however, the ensuing police investigation being to no avail, the court dismissed the case on 13 September 2006 and acquitted the police officers concerned for want of evidence; an appeal against the acquittal is said to be pending before the High Court of Sindh in Karachi; the authorities have stated on several occasions in the past that the lack of results in the investigation and proceedings was due to Mr. Zardari's lack of cooperation; in this regard, the Pakistani delegation to the 116th Assembly affirmed that Mr. Zardari had failed to name the alleged culprits;

• Several long-standing criminal and accountability cases are pending against Mr. Zardari, most of which have remained at a standstill; some of the cases were initiated or reactivated in recent years just when his release appeared imminent; Mr. Zardari was granted bail in all cases and, his name having been struck off the Exit Control List in December 2004, he was able to travel abroad for medical treatment, and has since remained abroad,

1. Deplores the failure of the authorities to comply with their duty to identify and bring to justice the law enforcement officials responsible for Mr. Zardari's torture eight years ago, although knowledge of the exact date, time and place of the crime should have permitted rapid identification of the officers on duty at the time; points out that these officers may still be on duty and practice torture with complete impunity;

2. Affirms that by failing to institute a proper investigation into Mr. Zardari's torture, Pakistan is responsible for a grave human rights violation and for encouraging torture, a state of affairs which it condemns; urges the Parliament to avail itself of its oversight function and to look into these serious matters so as to ensure that the absolute prohibition of torture under international law is fully respected;

3. Affirms thatthe excessive length of proceedings which have been pending against Mr. Zardari since 1996 is an infringement of the fundamental principle that justice delayed is justice denied; deplores this state of affairs; likewise believes that Parliament should assume its responsibilities and take the necessary measures to ensure due administration of justice avoiding the recurrence of such delays in criminal proceedings;

4. Notes that Mr. Zardari is at present living abroad and that it has vainly pursued all avenues for a satisfactory settlement of this case, and decides to close the case while reserving the right to reopen it should any developments so warrant.

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* The delegation of Pakistan protested the following words in paragraph 2 "Pakistan is responsible for a grave human rights violations and for encouraging torture, a state of affairs which it condemns",

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