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| Untersuchte Arbeit: Seite: 66, Zeilen: 1ff (komplett) |
Quelle: UNDP_Initiative_2006 Seite(n): 17-18, Zeilen: 21-42;1-3 |
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| [This is the case in Guatemala, for example, where the Supreme Court of Justice, after examining a] report by a judge it appoints to this effect, decides whether or not proceedings shall be instituted against a member of the Congress of the Republic (Article 161a of the Constitution). In Chile, it is the competent court of appeal that is entitled to lift immunity, and members of parliament may lodge an appeal against the decision to the Supreme Court. 212 In other countries, Israel for example, parliament’s decision to lift immunity is subject to judicial review by the Supreme Court. A decision of parliament may therefore be overturned by court.213 In a recent case concerning a member of the Knesset whose immunity had been lifted by the Knesset to permit his prosecution on terrorism-related charges, the question of parliamentary immunity was raised as a preliminary issue in the judicial proceedings. An appeal to the Supreme Court was lodged against the first-instance court’s decision to decide on this question at the end of the proceedings. In its ruling of 1 February 2006, the Supreme Court dismissed the charges against the member in question, taking the view that the offending statements came within the scope of his parliamentary immunity, the aim of which is to secure effective representation for all groups and political opinions in Israel.214
6.3.3 The Right to Defence An important issue is respect for the rights of the defence. In some countries, the right of the parliamentarians concerned to present his/her defence is explicitly recognized in the constitution or standing orders. This applies for example to Bolivia215 and the Republic of Moldova.216 Not in all countries, however, is it a [matter of course for the parliamentarian in question to be heard before a recommendation is made or the vote is taken by the parliament.] 212 See, Robert Myttenaere, Moscow Session (September 1998), The Immunities of Members of Parliament,http://www.asgp.info/ Resources/Data/Documents/ UJJICUIPKRGKNWTBNCAMSZFAGOKNXL.pdf. 213 Id. 214 Adalah The Legal Center for Arab Minority Rights in Israel, News Update, February 14, 2006. 215 Art. 27b of the Standing Orders of the Chamber of Deputies in Bolivia. [216 Art. 10, para. 2, of the Law on the Status of Deputies in Moldova.] |
This is the case in Guatemala, for example, where the Supreme Court of Justice, after examining a report by a judge it appoints to this effect, decides whether or not proceedings shall be instituted against a member of the Congress of the Republic (Article 161a of the Constitution). In Chile, it is the competent court of appeal that is entitled to lift immunity, and members of parliament may lodge an appeal against the decision to the Supreme Court. In other countries, Israel for example, parliament’s decision to lift immunity is subject to judicial review by the Supreme Court. A decision of parliament may therefore be overturned by court. In a recent case concerning a member of the Knesset whose immunity had been lifted by the Knesset to permit his prosecution on terrorism-related charges, the question of parliamentary immunity was raised as a preliminary issue in the judicial proceedings. An appeal to the Supreme Court was lodged against the first-instance court’s decision to decide on this question at the end of the proceedings. In its ruling of 1 February 2006, the Supreme Court dismissed the charges against the member in question, taking the view that the offending statements came within the scope of his parliamentary immunity, the aim of which is to secure effective representation for all groups and political opinions in Israel.37
(c) The right to defence An important issue is respect for the rights of the defence. In some countries, the right of the parliamentarians concerned to present his/her defence is explicitly recognized in the constitution or standing orders. This applies for example to Bolivia (Art. 27b of the Standing Orders of the Chamber of Deputies) and the Republic of Moldova (Art. 10, para. 2, of the Law on the Status of Deputies). Not in all countries, however, is it a matter of course for the parliamentarian in question to be heard before a recommendation is made or the vote is taken by the parliament. 37 Adalah The Legal Center for Arab Minority Rights in Israel, News Update, 14 February 2006. |
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