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Typus
BauernOpfer
Bearbeiter
Singulus
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 183, Zeilen: 1ff (komplett)
Quelle: UNDP Initiative 2006
Seite(n): 23-24, Zeilen: 23:39-42 - 24:1-19
Moreover, in parliaments with a majority that is obedient to the government, requests for the lifting of inviolability are usually accepted without any resistance, especially if they concern opposition parliamentarians, and the only protection inviolability then affords just covers the time the parliament needs to lift the immunity of the parliamentarian concerned, sometimes just enough to enable the parliamentarian concerned to leave the country to avoid arrest. A good example is the case of the opposition leader in Cambodia, Mr. Sam Rainsy, whose immunity was lifted in February 2005 when he went into exile until his pardoning by the King and return to the country a year later.550

Moreover, parliamentary privilege may be of little use if the law enforcement officials are unfamiliar with this institution, fail to respect parliament and its members, especially if they belong to the opposition, and know that they will in any event enjoy impunity for arbitrary actions even if they concern parliamentarians. Examples abound [sic] Suffice to mention the situation that prevailed in Zimbabwe in the context of the 2000 parliamentary and 2002 presidential elections, when scores of opposition parliamentarians were arbitrarily arrested and detained for various periods of time, some of them being beaten up and even tortured.551

Likewise, courts may not always be aware of the privileges attached to the parliamentary office - even though in most countries the privilege of freedom of speech is part of the general and public law and must be judicially noticed. Therefore, they may fail to examine whether or not parliamentary immunity was properly lifted and they are competent to pursue a case. Moreover, in a country [with a weak judiciary and deficient rule of law, parliamentarians cannot expect more protection from tribunals than can members of the public.552]


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

551 Details may be found in the report on the IPU mission to Zimbabwe, March/April 2004.

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

[Seite 23]

Moreover, in parliaments with a majority that is obedient to the government, requests for the lifting of inviolability are usually accepted without any resistance, especially if they concern opposition parliamentarians, and the only protection inviolability then affords just covers the time the parliament needs to lift the immunity of the parliamentarian concerned, sometimes just enough to enable the

[Seite 24]

parliamentarian concerned to leave the country to avoid arrest. A good example is the case of the opposition leader in Cambodia, Mr. Sam Rainsy, whose immunity was lifted in February 2005 when he went into exile until his pardoning by the King and return to the country a year later.

Moreover, parliamentary immunity may be of little use if the law enforcement officials are unfamiliar with this institution, fail to respect parliament and its members, especially if they belong to the opposition, and know that they will in any event enjoy impunity for arbitrary actions even if they concern parliamentarians. Examples abound. Suffice to mention the situation that prevailed in Zimbabwe in the context of the 2000 parliamentary and 2002 presidential elections, when scores of opposition parliamentarians were arbitrarily arrested and detained for various periods of time, some of them being beaten up and even tortured.47

Likewise, courts may not always be aware of the privileges attached to the parliamentary office - even though in most countries the privilege of freedom of speech is part of the general and public law and must be judicially noticed. They may therefore fail to examine whether or not parliamentary immunity was duly lifted and they are competent to pursue a case. Moreover, in a country with a weak judiciary and deficient rule of law, parliamentarians cannot expect more protection from tribunals than can members of the public.


47 Details may be found in the report on the IPU mission to Zimbabwe, March/April 2004.

Anmerkungen

Ganzseitige wörtliche Übernahme einschließlich der FN nicht als solche gekennzeichnet.

Sichter
(Singulus), Graf Isolan

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