The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Syed Hamid Saeed Kazmi, a member of the National Assembly of Pakistan and of the Pakistan People's Party (PPP) and a former Minister for Religious Affairs, and to the resolution it adopted at its 191st session (October 2012),

Taking into account the information provided by the member of the delegation of Pakistan who appeared before the Committee on the Human Rights of Parliamentarians during the 129th IPU Assembly (Geneva, October 2013), and the information transmitted by the source,

Considering the following:

• Mr. Kazmi was detained between March 2011 and 27 August 2012, when he was granted bail at Adiyala Central Prison in Islamabad on allegations of financial corruption in the course of the 2010 Hajj pilgrimage;

• The source alleges that, despite the extensive investigations conducted by the Federal Investigation Agency since Mr. Kazmi’s arrest, no evidence has been found to incriminate him;

• According to the source, in 2009 Mr. Kazmi was seriously injured in an assassination attempt, following his efforts, as Minister for Religious Affairs, to weaken the influence of "militant groups in the Muslim community"; these groups initiated a concerted media campaign against Mr. Kazmi in 2010; unsubstantiated media reports relating to the Hajj pilgrimage corruption scandal were reportedly used as evidence by the Supreme Court of Pakistan to order the arrest of Mr. Kazmi and initiate a criminal inquiry; the allegations brought against Mr. Kazmi are politically motivated and not supported by any evidence;

• According to the source, since his release Mr. Kazmi has consistently expressed concern about the fairness of the proceedings against him,

Considering that, according to the source, a total of 49 witnesses, including former MPs of rival political parties, have appeared at Mr. Kazmi’s trial so far, without, however, providing any evidence against Mr. Kazmi; and that no other evidence, whether direct or circumstantial, has been presented to support the charges brought against him, casting further doubt on the fairness of the procedure,

Taking into account the statements that the member of the delegation of Pakistan made before the Committee at the 129th Assembly, confirming that the trial against Mr. Kazmi was ongoing before a Central Special Court but noting that the Pakistani Parliament has no formal mechanism in place to monitor judicial proceedings against members of Parliament, and additionally reporting that, with Mr. Kazmi no longer a member of Parliament, following his defeat in the May 2013 general elections, attention has shifted even further away from his case,

Further considering that the report of the investigating judge in the case of Mr. Kazmi, a copy of which was provided by the member of the delegation, provides the following information on the procedure brought against him:

• Mr. Kazmi and two other persons are accused of having misused their official positions to acquire buildings in Saudi Arabia and rent them to Hajj pilgrims at exorbitant rates for their personal gain, and of having received kick-backs and bribes for granting Hajj permits and accommodation;
  

• Mr. Kazmi himself has been charged for his role in the Hajj pilgrimage corruption scheme as Minister of Religious affairs on the grounds that: (i) he gave directions for the appointment of Mr. Ahmed Faiz as Hajj building supervisor (Mr. Faiz is accused of having been the front-man in the corruption scheme); (ii) he wrote a letter requesting the issuance of an official passport for Mr. Faiz, to which he was not entitled; (iii) his direct connection with Mr. Faiz has been proved beyond a doubt, as they remained in touch by telephone and with personal visits to Saudi Arabia for the purpose of inspecting rented buildings; (iv) he abused his authority by depriving thousands of persons of their chance to do the Hajj pilgrimage even though they had paid their dues to the Ministry, and granted permission to many others through a kick-back scheme, and (v) the investigating judge reports that Mr. Kazmi was not able to account for amounts shown in his bank records, and failed to explain a striking increase in his personal wealth during 2009-2010, out of all proportion to his legitimate sources of income,

1. Thanks the member of the delegation of Pakistan for the information provided;

2. Notes with interest that the trial of Mr. Kazmi is now ongoing and takes note both of the information contained in the report of the investigating judge and of the concerns expressed by the source about the lack of due process in the proceedings against Mr. Kazmi;

3. Trusts that all appropriate measures are being taken by the competent authorities to ensure a fair trial for Mr. Kazmi and wishes to be kept informed of developments in the ongoing proceedings; requests the Committee to continue monitoring the proceedings closely, paying particular attention to due process and the rights of the defence, including by exploring the possibility of sending a trial observer;

4. Recalls that the Parliament has a duty to ensure that due process and fair trial guarantees are fully respected in proceedings launched against parliamentarians and expects the Parliament of Pakistan to take appropriate action in that respect even though Mr. Kazmi is no longer a member of Parliament;

5. Notes that no formal mechanism is currently in place to enable the Pakistani Parliament to monitor judicial proceedings against its members so as to help to ensure that their fundamental right to a fair trial is fully respected; invites the Parliament therefore to consider establishing such a mechanism as part of its oversight function;

6. Requests the Secretary General to forward this resolution to the parliamentary authorities and to the source;

7. Requests the Committee to continue examining this case.

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