Deprivation of legal rights of a member of the Assembly

WRITTEN DECLARATION No. 251

Doc. 7749

30 January 1997

The undersigned, members of the Assembly,

Solemnly condemning the act perpetrated against a member of the Parliamentary Assembly, Mr Petro Bugli, a member of the San Marino delegation, who has been deprived of his parliamentary status on the basis of an illiberal measure taken by a constitutional body of the state of San Marino, the co-called "Controllers of the Regency",

Denounce the fact that:

1.the said body was set up by a Statute adopted in the 17th century and is a purely political instrument of justice, since it comprises two parliamentarians and not members of the judiciary;

2.it is not possible to appeal against the mock judgment that it has delivered and, therefore, Mr Bugli cannot at present lodge such an appeal with a second judicial instance; this is a glaring violation of the principle, enshrined in all members states of the Council of Europe, that all citizens are entitled to appeal against court decisions;

3.Mr Bugli was subjected to mock proceedings as the very brief period of investigation deprived him of the most elementary defence guarantees, an obvious violation of the principle of a "fair trial" applied in any avowed judicial civilisation.

Signed: (1)

Mocanu, Moldova, GDE
Lorenzi, Italie, LDR
Gnaga, Italie, LDR
Rodeghiero, Italie, LDR
Polenta, Italie, PPE
Martelli, Italie, GDE
Bianchi, Italie, PPE
Turini, Italie, GDE
Speroni, Italie, LDR
Bratina, Italie, SOC
de Puig, Espagne, SOC
Lauricella, Italie, SOC
Evangelisti, Italie, SOC
Rigo, Italie,

___________

Total = 14

Note: 1
SOC : Socialist Group
EPP : Group of the European People's Party
EDG : European Democratic Group
LDR : Liberal, Democratic and Reformers Group
UEL : Group of the Unified European Left