Since Ilaria Salis was elected to the European Parliament as a representative, she also gained the right of immunity, and because of this, the ongoing proceedings against her may end. The Hungarian court immediately initiated the suspension of Salis' immunity at the European Parliament.

The Hungarian police removed the electronic tracker from Salis' leg at 1 pm on Friday, so the Italian anti-fascist activist can leave the country freely. Her lawyer, György Magyar, requested her release shortly after she was elected as a member of the European Parliament, La Repubblica .

The MEP nominated by the Alliance of the Greens and the Left was arrested on February 11, 2023 on charges of being a member of a criminal organization and participating in two attacks against three far-right activists in Budapest. He was in prison for more than 15 months until his lawyers granted his request to serve his pretrial detention under house arrest.

The Budapest Court of Justice is now proposing to the European Parliament to suspend the immunity of the first-rate defendant in the so-called "antifa case"

- the court told MTI on Friday.

According to their press release, on Friday, the criminal proceedings against SI, the main defendant in the case, were suspended, and they are also appealing to the President of the European Parliament (EP) to have the European body make a decision on the suspension of the woman's immunity.

Regarding the background of the procedure, it was written that the Permanent Representation of Hungary operating next to the European Union sent the court on Wednesday the list of members of the European Parliament who won mandates for the 2024-2029 term, which also includes the name of SI, which is running on behalf of the Italian Association of Greens and Leftists (AVS).

They reminded him that according to the Protocol on the Privileges and Immunities of the European Union

during the sessions of the EP, the members of the board enjoy immunity in the territory of their own state as members of their parliament, and in the territory of the other member states they enjoy immunity from all measures related to detention and court proceedings.

They added that, according to the decision of the Court of the European Union, the representatives are already entitled to immunity when, after the official announcement of the election results, they travel to the first session of the organization in order to enable the new legislative body to hold its inaugural session.

The Court of Justice of the European Union also recorded that

a person whose election to the European Parliament has been officially announced shall be deemed to be entitled to immunity from the date of the announcement

- they explained the details.

According to the current legislation, a person with the right to immunity can only be interrogated as a suspect or coercive measures applied to him/her after the suspension of his/her immunity, they pointed out.

It was explained that after the indictment, the court can submit a motion to suspend immunity, and the criminal proceedings must be suspended at the same time as the motion is submitted. Since, according to Hungarian legislation, coercive measures with a judicial license affecting personal freedom are terminated if the procedure is suspended, SI's criminal supervision is terminated, they emphasized. It was noted that an appeal against the order can be made within eight days of delivery.

Source: MTI / Mandiner / Civilek.info

Cover photo: Ilaria Salis in court / Source: MTI