The European Parliament,

–  having regard to the Cooperation Agreement of 24 November 2001 between the European Community and the Islamic Republic of Pakistan on Partnership and Development (also referred to as the Third Generation Cooperation Agreement), in particular Article 1 of this Agreement, which stipulates that 'respect for human rights and democratic principles ... constitutes an essential element of this agreement',

–  having regard to the EU/Pakistan Joint Declaration of 8 February 2007 with regard to the 2004 Cooperation Agreement, in which both sides undertake to develop a broad formalised political dialogue whose subjects include counterterrorism, non-proliferation, human rights and good governance,

–  having regard to the Council Declaration of 8 November 2007 on the imposition of emergency rule in Pakistan, as well as to the statements by EU High Representative Solana of 4 November 2007 and by the EU Heads of Mission in Islamabad of 4 November 2007,

–  having regard to the Commonwealth Foreign Ministers' announcement on 12 November 2007 that they would suspend Pakistan at their forthcoming meeting on 22 November 2007 if President Musharraf had not returned to constitutional order by then,

–  having regard to its previous resolutions on human rights and democracy in Pakistan, in particular those of 12 July and 25 October 2007,

–  having regard to Rule 103(2) of its Rules of Procedure,

A.  whereas on 3 November 2007 President Musharraf issued a 'Provisional Constitutional Order' (PCO), suspending the Constitution and rule of law and replacing them with martial law,

B.  whereas Pakistan faces threats to its peace and security; whereas, however, martial law is not an adequate reaction to the country's fragile political situation,

C.  whereas Pakistan is a country with a vibrant, courageous civil society, respected judicial and media institutions and a long democratic tradition,

1.  Is sincerely convinced that extremism and instability can best be reduced by the rule of law under a democratic government led by moderate political parties; therefore demands unequivocally that an end be put to martial law and that all constitutionally guaranteed fundamental rights be restored in the country as soon as possible, including safeguards for life and property, freedom of movement, assembly and speech, equal rights and equal legal protection of all citizens;

2.  Is particularly concerned about the arrest of more than 3000 citizens, including leaders of political parties, lawyers, journalists, human rights activists and representatives of civil society; demands that the house arrest of Benazir Bhutto, leader of the PPP, of Asma Jahangir, Chair of the independent Human Rights Commission and UN special rapporteur on freedom of religion or belief and of I.A. Rehman, the founder of this organisation, be ended immediately;

3.  Demands that judicial independence be restored by reinstating the judiciary; demands the immediate release of all representatives of the bar associations who have been arrested after peaceful street protests; denounces in particular the unlawful house arrest of Chief Justice Chaudhry;

4.  Calls on the Government of Pakistan to implement the necessary conditions to guarantee the holding of free, fair and transparent elections as scheduled, within 60 days after Parliament completes its five-year term on 15 November 2007; welcomes in this context the announcement made by President Musharraf on 11 November 2007 that elections would be held no later than 9 January 2008;

5.  Recalls that the credibility of the election process will depend on the release of all political prisoners, including those in the unlawful custody of intelligence agencies, and on putting an end to the disappearances of political opponents; considers that freedom of speech, movement, association and assembly must be fully implemented and in particular all restrictions on Baloch parties be removed;

6.  Stresses the fact that the deployment of an EP observer delegation to observe the parliamentary elections in Pakistan, in the framework of an EU observer mission, depends on the fulfilment of basic preconditions for holding free and fair elections by the Pakistani authorities; underlines, in this context, that elections being prepared and held under martial law would be a clear signal of an undemocratic process;

7.  Demands that a completely neutral caretaker government be formed, in line with the Constitution and in consultation with all opposition parties, to oversee the polls, and that the election commission be reconstituted; calls for leaders of all political parties to be allowed to contest these elections;

8.  Reiterates its call on President Musharraf to renounce his position as army chief before taking his oath for a new presidential term and before the parliamentary dispensation for him to wear both civilian and military hats expires on 15 November 2007;

9.  Fully supports the clear benchmarks set in the Council Declaration of 8 November 2007, on which the return to constitutional order in Pakistan is to be judged; calls on the Council to consider the imposition of targeted sanctions on President Musharraf and top military and government officials, such as travel bans and the freezing of assets, in the event that martial law and the PCO are not lifted as soon as possible and in the event that President Musharraf were not to step down as chief of the army;

10.  Calls on the Commission to consider expanding aid for education, poverty reduction, health care and relief work, channelling funds through secular NGOs, while at the same time restricting direct budgetary aid to the Pakistani authorities;

11.  Is convinced that all attempts to silence the media will only isolate the regime further; demands that all restrictions on the media be relaxed and that ordinances restricting the free coverage of political events be withdrawn;

12.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the Government of Pakistan.