Circumstances and persons concerned

The vacancy of the presidency of the Republic may be certified by decease, voluntary resignation or permanent impeachment (Article 65 of the Constitution). A motion for resolution bringing an indictment of the President, and the members of the Government or their accomplices may be brought before the High Court of Justice.

Modalities and procedure

The Government brings the matter before the Constitutional Court and it may certify the vacancy of the Presidency by decease, voluntary resignation or permanent impeachment.

No motion for resolution before the High Court of Justice is admissible unless signed by at least a third of the deputies of the National Assembly. The Assembly may negotiate it. The decision to take to court as well as the indictment of the President and of the members of the Government is voted by a four-fifths majority of the members of each of the two assemblies. Motions for resolution declared admissible are handed over by the President of the Assembly to a special committee. Following the report of the special committee an indictment is brought against the President of the Republic, the members of the Government or their accomplices , by secret ballot with a two-thirds majority of the deputies.

The High Court of Justice is the only jurisdiction competent to judge offences committed by the President. His political responsibility is only engaged in the case of high treason. The High Court of Justice is competent to judge the members of the Government and their accomplices in the event of high treason. The High Court of Justice also judges crimes and offences committed by members of the Supreme Court. It is bound by the definition of crimes and offences as well as by the outcome of the sentence according to the current penal law at the time the acts were committed.

Consequences

If the persons concerned are sentenced, they lose their posts. In the presidency become vacant, the presidential office is carried out provisionally by the President of the National Assembly. The Government summons the electorate within 60 days to elect a new President. Please take notice that on 6 February 2005, Parliament retroactively changed the Constitution, declaring that the former President's son would hold office for the rest of his father's term, with elections deferred until 2008. However, in response to international pressure, the former President's son agreed to hold elections in April 2005, in which he was subsequently elected President.

Have these procedures been applied?   No