Following Sonko’s refusal to defer to the convocation of the Research Section, his parliamentary immunity could be lifted. Seneweb seizes the opportunity to go back in detail on this well-regulated procedure.
« The deputy is covered by immunity from the beginning of his or her mandate, which takes effect from the moment the Constitutional Council proclaims the results of the legislative election. No deputy may, during the duration of the sessions, be prosecuted or arrested in criminal or correctional matters without the authorisation of the Assembly », Article 51 of the Assembly’s Rules of Procedure provides.
However, in the case of flagrante delicto or flight, the deputy can be arrested and even imprisoned without the approval of the National Assembly. When the latter is not in session, the authorisation of its bureau is sufficient.
In fact, it all starts when a letter is sent to the Assembly accompanied by a document from the public prosecutor justifying his request. Once the letter is laid on the table of the Assembly, the bureau meets and decides on the follow-up to the request. It may issue an unfavourable opinion, i.e. a refusal.
The Assembly not yet seized on the Sonko case
« The Commission must hear the Member of Parliament concerned, who may choose one of his or her colleagues as defender. During debates opened by the National Assembly, in plenary session, on questions of immunity, only the President, the Rapporteur of the Commission, the Government, the deputy or his or her defender and one speaker against may speak », Rule 52 of the Rules of Procedure adds.
It should be noted that, for the moment (last night), according to our source, the National Assembly is not yet seized on the case of Ousmane Sonko.
Tags: National AssemblyDeputiesImmunite
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