Circumstances and persons concerned

The President may not, while in office, be personally liable to any civil or criminal proceedings whatsoever in any court (Article 30 of the Constitution). However, it is lawful to institute civil or criminal proceedings against a person after he or she ceases to be President, in respect of things done or omitted by him or her (i) before he or she became President, or (ii) in his or her personal capacity during his or her term of office. Parliament can also recommended the removal of the President on the grounds (i) that he or she has acted in wilful violation of the Constitution, or (ii) that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity, or (iii) of gross misconduct. Finally, a Parliamentary Privileges Committee can be set up to investigate any member of Parliament, including cabinet ministers.

Modalities and procedure

The President ceases to hold office if a report prepared by a parliamentary committee, appointed by the Speaker upon the request of not fewer than one-third of all its members, has recommended the removal of the President, and the Members of Parliament have resolved by the affirmative votes of not less than two-thirds of their total number that the President should be removed from office.

Consequences

The President or any other person ceases to hold office if a resolution is passed in Parliament. No impeachment procedures were initiated between 1990 and 2000

Have these procedures been applied?   No