According to the parliamentary services of Wednesday, the decision was 10 to 1 votes. The legal committee saw a direct link between the behavior of Miesch and his office. That is why she appealed to the federal prosecutor's request for waiver of immunity. In a second step she decided to cancel the immunity.
For the legal committee, the rule of law in law enforcement weighs against the institutional interests of Parliament. In her opinion, it is also in Miesch's interest to defend herself and her reputation in criminal proceedings. This is the only way to conclude that he has not committed a criminal offense.
National Council Commission does not agree with this
The Immunity Commission of the National Council had refused in June to cancel the parliamentary immunity of Miesch. She justified the decision with the deep injustice of behavior. Parliament's institutional interest weighs more heavily than the rule of law in law enforcement, she argued. If the Immunity Commission is a second time against waiving immunity, the petition is finally over.
The federal prosecutor wants to determine in connection with the so-called Kazakhstan affair against Miesch. Miesch, the lobbyist Thomas Borer 2015, as secretary of the Switzerland-Kazakhstan Group, would have imposed 4,635 CHF for a Senior General Plan 1st class. As a national council, Miesch already had a GA.
The accusation of passive bribery
The federal public prosecutor suspects that Miesch has collected the money for filing an interpellation. It is about passive bribery and acceptance of benefits. Before the Immunity Commission of the National Council, Miesch had stated that he had submitted the interpellation on his own initiative. According to Borer, the amount at Miesch was wrongly paid because of an error in the accounting. Miesch had the money back.
The parliamentary committees rarely decide at the expense of their colleagues in the council. For example, the Bernese FDP national councilor Christa Markwalder was protected from prosecution in connection with the Kazakhstan affair.
Blocher also received no immunity
In October 2016, however, the immunity of Schwyzer SVP National Council Pirmin Schwander was withdrawn. He would have supported a mother who hid her child from the KESB. In the Hildebrand affair, too, the responsible parliamentary committees came to the conclusion that Christoph Blocher was not protected by parliamentary immunity.
Miesch was in the National Council until 2015. He was elected twice in the big room, first in 1991 for the FDP, 2003 for the SVP. Twice he was not re-elected. After a resignation he lost again in 2014, 2015, but he did not return before the elections.
Therefore, for the first time, the committees also had to consider whether immunity also applies after leaving the Council. Both have answered in the affirmative.
Posted on 22.08.2018 | Updated 28 minutes ago