The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Roy Bennett, Mr. Job Sikhala, Mr. Tendai Biti, Mr. Paul Madzore and Mr. Nelson Chamisa, opposition members of the Parliament of Zimbabwe at the time of the submission of the complaint, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/186/12(b)-R.1), and to the resolution adopted at its 185th session (October 2009),

Noting that, at the session it held during the 122nd Assembly, the Committee met with the Speaker of the House of Assembly of Zimbabwe,

Recalling the following: the persons in question were members of parliament in the 2000-2005 period; while Job Sikhala did not stand in the 2005 elections and Roy Bennett was prevented from standing, Mr. Madzore, Mr. Biti and Mr. Chamisa were re-elected; Mr. Biti was rearrested on 12 June 2008 and charged with treason; the charge was dropped after he was appointed Minister of Finance in the Government of National Unity formed in February 2009; Mr. Chamisa was appointed Minister of Telecommunications and Information Technology in the Unity Government; as to Roy Bennett, he was nominated for the position of Deputy Minister of Agriculture,

Recalling that Mr. Sikhala and Mr. Madzore were tortured in January 2003 and March 2007 respectively; their torturers, although their identity is known or would be easy to establish, have to date not been brought to justice; both have lodged complaints upon which no action has been taken; noting that meanwhile Mr. Madzore lodged a lawsuit claiming compensation for the prejudice he suffered, which has remained unavailing so far and that, according to the information provided by the Speaker, Mr. Sikhala made an application to the High Court with a view to compelling the police to investigate his complaint properly; the High Court has yet to rule on the matter; considering further that, according to the Speaker, Mr. Madzore was charged with six public violence offences and that all those cases were withdrawn before plea for want of evidence; however, the police recently called Mr. Madzore telling him to come to the police station for further investigation, which Mr. Madzore refused to do as the police are supposed to proceed by way of summons,

Recalling that Mr. Biti and Mr. Chamisa, together with many others who were attending a prayer meeting, were severely beaten by the police on 11 March 2007; noting that, as a gesture of reconciliation, both have decided to overlook the incident; Mr. Chamisa was badly injured in an attack on him a few days later, on 18 March at Harare International Airport; the police took no action, arguing that Mr. Chamisa had not lodged a complaint; however, the attack occurred in the presence of police who did nothing to stop and arrest the attackers,

Recalling finally that Mr. Bennett and his family were the target of persistent harassment between 2002 and 2006; in October 2004, parliament sentenced him to one year in prison for having, in May 2004, pushed a Minister during a parliamentary debate and he served the sentence until his release in June 2005; Mr. Bennett was finally led to leave the country in 2006 for fear of his life and he was therefore unable to participate in the 2008 elections; upon his return to Zimbabwe, he was arrested on 13 February 2009 and first charged under the Immigration Act and, when the charge was dropped, a charge of treason was brought against him, which was also dismissed; he was finally charged under the Public Order and Security Act for allegedly possessing weaponry with the intention of using it for acts of banditry, sabotage or terrorism to overthrow the Government; Mr. Bennett, who was released on bail, is currently standing trial; the key prosecution witness denied ever having met Mr. Bennett or stashed weapons for him and accused the police of hatching a conspiracy; noting that, according to the information provided by the Speaker, the State closed its case and Mr. Bennett has applied for acquittal; on 31 March 2010 the judge in the case will rule on whether or not Mr. Bennett has a case to answer,

Considering that the Speaker stated Parliament's firm commitment to protecting the human rights of its members and to taking action to this end within the limits imposed by the doctrine of the separation of powers,

1. Thanks the Speaker for his cooperation and for the information he provided;

2. Remains deeply concerned at the continuing impunity of the State officials responsible for the attacks on Mr. Biti and Mr. Chamisa, and the torture of Mr. Sikhala and Mr. Madzore; can but reaffirm that such impunity is highly detrimental to the rule of law and respect for human rights in the country and is bound to encourage the repetition of crime, which is all the more serious in the case of State officials being responsible for such crimes, and may well undermine the reconciliation efforts under way in the country;

3. Further expresses deep concern that Mr. Madzore's compensation lawsuit is not advancing; urges the authorities to proceed with his lawsuit and Mr. Sikhala's application forthwith in order that these serious matters may finally be addressed;

4. Notes that the information on file regarding the situation of Mr. Bennett can only reinforce its belief that the charges against him are part of an ongoing effort to harass him and prevent him from engaging in political activity in Zimbabwe, and that they should be dropped without further delay;

5. Acknowledges the commitment of the Parliament of Zimbabwe to protecting the rights of its members and recalls that the parliament has the competence, as part of its oversight function, to take action to this end; is therefore confident that the House of Assembly will make every effort to ensure that the perpetrators of these crimes are identified and brought to justice and that the victims are paid due compensation;

6. Notes finally that Mr. Biti has decided not to pursue the incident of 11 March 2007 and that the treason charges against him were dropped; consequently decides to close his case while deeply regretting that the authorities have taken no action to hold to account the police personnel responsible for the beating of Mr. Biti and many others on 11 March 2007;

7. Requests the Secretary General to convey this resolution to the competent authorities and to the source, inviting them to provide the requested information;

8. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 123rd IPU Assembly (October 2010).

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* The delegation of Zimbabwe expressed its reservation regarding the resolution.

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