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Typus
BauernOpfer
Bearbeiter
Graf Isolan
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 65, Zeilen: 1ff (komplett)
Quelle: UNDP Initiative 2006
Seite(n): 17, Zeilen: 3ff, 101-107
[Article 92 of the Constitution of Sudan vests the Presiding Officers of both Chambers with authority to decide whether or not to authorize the institution of criminal proceedings against a] member of the respective Chamber or the taking of any measure against his/her personal belongings.210

It is important to stress that procedures should be in place which, as far as possible, prevent decisions on the lifting of parliamentary immunity from being taken along party lines. Parliamentarians should be aware that immunity issues are not partisan issues, but affect the institution of parliament as such. Recent developments in the Philippines are noteworthy in this respect: On 25 February 2006, a reportedly unlawful attempt was made to arrest five opposition members of parliament. They were able to enter the House of Representatives and remained there from 27 February until 8 May 2006. On 28 February, the House of Representatives unanimously adopted a resolution affirming the right of the persons concerned to due process and granting them “protective custody” in the absence of any judicially issued arrest warrant resulting from a preliminary investigation or indictment.211

6.3.2 Decision Made by Courts and not by Parliament

In very rare cases and as notable exceptions to the separation of powers, it is not parliament but the courts which lift parliamentary immunity. 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).]


[208 Background Paper prepared by the Inter-Parliamentary Union, Parliamentary Immunity, http://www.gopacnetwork.org/ Docs/Global/IPU%20-%20UNDP% 20Immunity%20Paper.pdf.

209 Id.]

210 Id.

211 Charges of rebellion were brought against the parliamentarians concerned in February 2006; the court dismissed them on 4 May 2006. The prosecution brought new charges of rebellion on 11 May 2006. Pending a decision of the Supreme Court on a certiorari petition, the court suspended proceedings in August 2006, According to Section 11 of the Constitution, while Congress is in session, members of both chambers of parliament are privileged from arrest in all offences punishable by not more than 6 years’ imprisonment. The crime of rebellion carries more than six years' imprisonment; Quoted, Background Paper prepared by the Inter-Parliamentary Union, Parliamentary Immunity, http://www.gopacnetwork.org/Docs/ Global/IPU%20%20UNDP%20Immunity%20Paper.pdf.

Article 92 of the Constitution of Sudan vests the Presiding Officers of both Chambers with authority to decide whether or not to authorize the institution of criminal proceedings against a member of the respective Chamber or the taking of any measure against his/her personal belongings.

It is important to stress that procedures should be in place which, as far as possible, prevent decisions on the lifting of parliamentary immunity from being taken along party lines. Parliamentarians should be aware that immunity issues are not partisan issues, but affect the institution of parliament as such. Recent developments in the Philippines are noteworthy in this respect: On 25 February 2006, a reportedly unlawful attempt was made to arrest five opposition members of parliament. They were able to enter the House of Representatives and remained there from 27 February until 8 May 2006. On 28 February, the House of Representatives unanimously adopted a resolution affirming the right of the persons concerned to due process and granting them "protective custody" in the absence of any judicially issued arrest warrant resulting from a preliminary investigation or indictment.36

(b) Decision taken by courts and not by parliament

In very rare cases and as notable exceptions to the separation of powers, it is not parliament but the courts which lift parliamentary immunity. 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).


36 Charges of rebellion were brought against the parliamentarians concerned in February 2006; the court dismissed them on 4 May 2006. The prosecution brought new charges of rebellion on 11 May 2006. Pending a decision of the Supreme Court on a certiorari petition, the court suspended proceedings in August 2006. ,. According to Section 11 of the Constitution, while Congress is in session, members of both chambers of parliament are privileged from arrest in all offences punishable by not more than 6 years’ imprisonment. The crime of rebellion carries more than six years' imprisonment.

Anmerkungen

Art und Umfang der Übernahme bleiben ungekennzeichnet.

FN 208 mit der Quelle befindet sich auf S. 64. FN 209 befindet sich auf S. 65, während sich das zugehörige Fußnotenzeichen auf S. 64 befindet.

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(Graf Isolan), WiseWoman

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