Circumstances and persons concerned

A person holding a position of Prime Minister, minister, member of Parliament, President of the Supreme Court of Justice, Constitutional Court or Supreme Administrative Court, or prosecutor general, who is shown to be in possession of unusual wealth indicative of the commission of corruption, malfeasance in office, malfeasance in judicial office or an intentional exercise of power contrary to the provisions of the Constitution or law, may be removed from office by the Senate (Section 303 of the Constitution). These provisions also apply to the persons holding the positions of election commissioner, Ombudsman, Judge of the Constitutional Court, member of the state audit commission, Judge, public prosecutor or high official.

Modalities and procedure

Not less than one fourth of all members of the House of Representatives or not less than 50,000 voters have the right to lodge with the President of the Senate a complaint in order to request the Senate to pass a resolution removing a person from office (Section 304 of the Constitution). The said request must clearly itemise circumstances in which such person has allegedly committed the act. Not less than one fourth of all senators have the same right. Upon receipt of the request, the President of the Senate refers the matter to the National Counter Corruption Commission for investigation without delay. When the investigation is complete, the commission prepares a report for the Senate. The report clearly states whether the accusation put in the request is a prima facie case and states the reasons for this decision. If the commission passes a resolution that the accusation has a prima facie case, the holder of the position against whom the accusation has been made may not, as from the date of such resolution, perform his or her duties until the Senate has passed its resolution.

The president of the commission submits the report and its opinion to the President of the Senate and to the prosecutor general to institute proceedings in the Supreme Court of Justice's criminal division for persons holding political positions. If the commission is of the opinion that the accusation has no prima facie case the accusation lapses. Upon receipt of the report, the President of the Senate convokes a sitting of the Senate to consider the matter without delay. In a trial, the Supreme Court of Justice's criminal division relies on the file of the commission, but may conduct an investigation on its own. In the case where the Prime Minister, a minister, member of Parliament or other political official has been accused of becoming unusually wealthy, or of the commission of malfeasance in office or of a dishonest act in the performance of duties or of corruption, the Supreme Court of Justice's criminal division has the jurisdiction to try and adjudicate the case (Section 308 of the Constitution).

Consequences

A senator has autonomy in casting a vote on a resolution, which must be by secret ballot. A resolution for the removal of any person from office may be passed by votes of not less than three fifths of all senators. A person who is removed from office vacates office or is released from government service as of the date of the resolution. Such person is deprived of the right to hold any political position or to serve in government service for five years. The resolution is final and no request for the removal of such person from office may be made on the same grounds, without prejudice, however, to any trial by the Supreme Court of Justice's criminal division. An adjudication of a case before the court is made by a majority of votes; provided that every Judge constituting the quorum prepares his or her written opinion and makes oral statements to the meeting prior to the passing of a resolution.

Have these procedures been applied?   No