Circumstances and persons concerned

While holding office, the President is not liable to proceedings in any court (Article 98, paragraph 4 of the Constitution). Civil or criminal proceedings may be instituted against a person after ceasing to be President, in respect of anything done or omitted to be done in his or her personal capacity before or during the term of office; and any period of limitation in respect of any such proceedings may not be taken to run during the period while that person was President. The President may be removed from office on the grounds of (i) abuse of office or wilful violation of the oath of allegiance and the presidential oath; (ii) misconduct or misbehaviour that he or she has conducted himself or herself in a manner which brings or is likely to bring the office of President into hatred, ridicule, contempt or disrepute or that he or she has dishonestly done any act or omission which is prejudicial or inimical to the economy or security of the country; or (iii) physical or mental incapacity (Article 107, paragraph 1 of the Constitution).

Modalities and procedure

For the purpose of removal of the President, a notice in writing signed by not less than one third of all the members of Parliament must be submitted to the Speaker. The latter causes a copy to be transmitted to the President and the Chief Justice within 24 hours. The latter constitutes, within seven days, a tribunal comprising three Justices of the Supreme Court to investigate the allegation in the notice and to report its findings to Parliament, stating whether or not there is a prima facie case for removal. The President is entitled to appear at the proceedings of the tribunal and to be represented there by a lawyer or other person of his or her choice. If the tribunal determines that there is a prima facie case for the removal of the President, Parliament may pass a resolution supported by the votes of not less than two thirds of all members of Parliament.

For the purposes of removal on grounds of physical or mental incapacity, there must be submitted to the Speaker a notice in writing signed by not less than one third of all parliamentarians (i) stating that they move a motion for the removal of the President from office; and (ii) giving particulars of the alleged incapacity. The Speaker causes, within 24 hours after receipt of such notice, a copy to be transmitted to the President and the Chief Justice. The latter constitutes, within seven days and in consultation with the professional head of the medical services, a medical board comprising five qualified and eminent medical specialists to examine the President and to report its findings to Parliament.

Consequences

If the tribunal determines that there is a prima facie case for the removal of the President, the President ceases to hold office. If the medical board determines that the President is by reason of physical or mental incapacity unable to perform the functions of President, and Parliament passes the resolution for his or her removal supported by the votes of not less than two thirds of all its members, the President ceases to hold office. If the board, after the expiration of a period of seven days, reports that the President has failed or refused to submit to the medical board in accordance with that clause, and Parliament passes the resolution for his or her removal supported by the votes of not less than two thirds of all its members, the President ceases to hold office.

Have these procedures been applied?   No