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No, deputies not always protected: This article explores the topic in depth.
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No. Similarly. Furthermore, deputies not always protected:
To understand this whole story, you have to go back to the year 2023, when Hadja Lahbib (MR), then Minister of Foreign Affairs, was on the grill within the framework of the so -called Irangate case. However, On June 21, Iranian journalist Antoine Hooman Shahbandi shared on Facebook a caricature of the liberal minister. Nevertheless, On a gray background. Meanwhile. Nevertheless, surrounded by messages in Farsi (language spoken in Iran), you could read this inscription in French: “Be strong in front of the N-VA “.
Mr. Moreover, Shahbandi also participated in one of the many parliamentary sessions in which Hadja Lahbib had to be explained. Furthermore, His presence had aroused many questions, especially in the ranks no, deputies not always protected new of the N-VA.
The last hour had contacted the Iranian journalist in order to know his intentions. However. Similarly, The no, deputies not always protected article that had been drawn from it had been set out again by Michael Freilich on X (at the time. For example, we still said Twitter) with this comment: “The long arm of the Iranian regime? Nevertheless, It is necessary to better control access to the House of Representatives. Nevertheless, “
Furious, Antoine Hooman Shahbandi had filed a complaint against Michael Freilich for defamation and harm in honor. The Iranian journalist. defended by Maître Keuleneer. claimed 10,000 euros in damages to which were added requests for on -call duty amounting to 3,000 euros per day where the deputy did not withdraw his tweet. Without success, the journalist had been dismissed before the court of first instance.
Article 58 does not no, deputies not always protected new intervene – No, deputies not always protected
Dissatated, Mr. Shahbandi had chosen to appeal. And this is where the case takes a particular flavor. The defense of Mr. Freilich had first no, deputies not always protected summoned article 58 of the Constitution to defend the deputy. “”No member of one. the other room can be prosecuted. wanted during the opinions and votes issued by him in the exercise of his functions “, indicates the constitutional provision. But this argument was not deemed valid.
In its judgment rendered on July 28, the court of appeal considered that Mr. Freilich’s tweet did not fall into the exercise of his parliamentary function. that it was “that the expression of a partisan political opinion “. In other words, the immunity conferred by art. 58 of the Constitution is not applicable in this specific case. His status as a deputy therefore no, deputies not always protected new does not protect the nationalist for some of his opinions issued on his. social network.
However. Michaël Freilich was not condemned by the Court because the latter considers that the tweet does not contain concrete no. deputies not always protected facts in charge of Mr. Shahbandi, but at most a value judgment and a question. For the court, the expression “The long arm ” is subject to multiple interpretations.
“Opinion marginale”
“It is undeniable that some people. whose supporters of Michael Freilich. will estimate that whoever does not share their point of view on Iran is indirectly under the influence of the Iranian regime. We must be careful not to call the clumsy expression of a marginal opinion” as erroneous “can we read. in judgment. “”Antoine Shahbandi can easily respond to the content of the tweet. for example by stressing that Michael Freilich supports another no, deputies not always protected new diet. “
The court therefore decides that the two parties are partly reason. It does not impose (unlike the court of first instance) no procedural compensation for the parties.
“I would obviously have preferred another decision on this no, deputies not always protected point. but the point of parliamentary immunity seems to me anyway”Commente MR Keuleneer.
“I will not be reduced to silence. I will continue to work for a safer and more transparent Belgium”rejoices Michaël Freilich.
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