Prosecution 24 – Parliament 2, Parliamentary Immunity Cases over the Last 27 Years

Exit.al | On Wednesday, the Parliament will vote on the prosecution’s request to allow the arrest, limitation of freedom, and control of assets of former Minister of Interior Affairs Saimir Tahiri, accused for the crimes of narcotics trafficking in collaboration with a criminal organization and passive corruption.

If Tahiri’s parliamentary immunity is not fully removed, this would be only the second time in 27 years that the Parliament has refused a request of the prosecution. The first time was in 1993, when the Parliament denied a request of the General Prosecution regarding former ministers Genc Ruli and Rexhep Uka.

Before 2012, deputies had full parliamentary immunity against any type of investigation. Before any investigation could start Parliament had to be asked for permission and immunity had to be removed. This changed in September 2012, when parliamentary immunity was limited to arrests and the control of assets, while the prosecution has since been allowed to open any investigation at any time, as in the current case of Tahiri.

Below a short summary of all the parliamentary immunity cases brought to Parliament since 1991:

  • Ilir Meta (1992) – Parliament removed his immunity at the request of the General Prosecution based on the accusation of illegal removal of freedom. The accusation was considered a political scheme, based on a testimony that turned out to be false.
  • Fatos Nano (1994) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of corruption and mismanagement of emergency food aid of the Italian government during his three-month period as Prime Minister in 1991. The denunciation was made by the State Supreme Audit Institution. Nano was eventually sentenced to 12 months imprisonment.
  • Genc Ruli and Rexhep Uka (1993) – Parliament didn’t approve the removal of immunity of these two former ministers at the request of the General Prosecution based on the accusation of corruption and abuse of office in the so-called “oak wood affair.”
  • Arben Lika (1994) –   Parliament removed his immunity at the request of the General Prosecution based on the accusation of corruption and abuse of office.
  • Gafur Mazreku (1997) – Parliament removed his immunity at the request of the General Prosecution for the murder attempt on deputy Azem Hajdari in Parliament.
  • Azem Hajdari (1998) – Parliament removed his immunity at the request of the General Prosecution based on the accusation of “inciting violence against and insulting the police” and “leading an armed gang, disobeying the control posts set up by the police.”
  • Sali Berisha, Pjetër Arbnori, Leonard Demi, Vili Minarolli, Shaban Memia, Jemin Gjana (1998) –  Parliament removed their immunity to investigate their role in the riots of September 14, 1998.
  • Nikoll Lesi (2004) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of revealing state secrets.
  • Lulzim Basha (2007) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of abuse of office regarding the National Road project from Durrës to Morina.
  • Fatmir Mediu (2008) –  Parliament removed his immunity at the request of the General Prosecution based on his involvement in the Gërdec tragedy.
  • Nikollaq Neranxi (2008) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of smuggling food across the Greek border.
  • Hajrulla Paturri (2008) –  Parliament removed his immunity after an incident at a football match.
  • Ilir Meta (2011) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of corruption.
  • Dritan Prifti (2011) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of corruption during his tenure as Minister of Economy and Energy. Evidence on video showed Prifti discussing bribes.
  • Taulant Balla, Besnik Bare, Tom Doshi (2012) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of organizating and participating in illegal gatherings and manifestations on January 11, 2011.
  • Mark Frroku (2015) –  Parliament removed his immunity at the request of the General Prosecution, following a request of the Belgian prosecution accusing him of a murder in Belgium.
  • Tom Doshi (2015) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of slander. Doshi had falsely claimed that then Speaker of Parliament Ilir Meta wanted to have him murdered.
  • Armando Prenga (2015) –  Parliament removed his immunity at the request of the General Prosecution based on the accusation of shooting a person with a firearm in Lezha during a conflict about fishing rights in the Patok lagoon.