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Mahakama ya katiba Italia yaondoa "immunity" law kwa Berlusconi

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Richard, Oct 7, 2009.

  1. Richard

    Richard JF-Expert Member

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    Habari zinazotoka katika shirika la habari la Italia ANSA zinasema kwamba waziri mkuu wa Italia Silvio Berlusconi ameondolewa kinga dhidi ya mashataka au "immunity law" yoyote yale dhidi yake na sasa ataweza kushtakiwa.

    Majaji wamesema kwamba "immunity law" inawabagua wananchi dhidi ya viongozi kwamba wote ni sawa na pia inapingana na katiba ya nchi.

    Hivyo basi baada ya hatua hii itabidi bwana Berlusconi ajiuzuru na kusimama kizimbani kujibu mashtaka mbalimbali likiwemo la kuhusu rushwa.

    Mahakama hiyo ya katiba imefikia uamuzi huo baada ya upande wa mashtaka kuwa na uzito wa madai dhidi ya bwana Berlusconi na hivyo kumtaka ajiuzuru na hatimae kusimama kizimbani.

    Kitakachofuata kinasubiriwa kwa hamu, patamu hapo!

    Immunity Law au kinga dhidi ya mashtaka kwa viongozi wa juu wa serikali imekuwa ikitumiwa katika nchi nyingi duniani hasa Afrika na imekuwa ikitumiwa vibaya.

    Fuatilia habari zaidi kutoka ANSA katika link ifuatayo ambayo ni kwa lugha ya Kiingereza:

    http://wwww.ansa.it/site/notizie/awnplus/english/english.html

    Mahakama ya Italy yaamuru Berlusconi aende jela miaka 4.

    Mahakama mjini Milan nchini Italy leo imemtia hatiani tajiri waziri mkuu wa zamani Silvio Berlusconi kwa makosa ya wizi wa kalamu ambao ulipekea kutokulipa kodi inavyopaswa.

    [​IMG]

    Berlusconi ameamuriwa kulipa gharama za kesi kiasi cha euro milioni 10

    Berlusconi na wenzake kumi, walikuwa wakituhumiwa kwa kosa la kufanya malipo hewa kwa kampuni ya haki miliki ya kimarekani kupitia benki za nje ya Italy na baadae kujirudishia kiasi kikubwa cha pesa hizo.

    Pamoja na kifungo hicho, pia Berlusconi amefungiwa kugombea nafasi yoyote ya uongozi nchini humo ingawa ni jana tu alitangaza kutogombea nafasi ya waziri mkuu kwenye chaguzi zijazo.

    Berlusconi ambae ana umri wa miaka 76 atatumikia kifungo cha mwaka mmoja jela kutokana na uratatibu wa kukata rufaa ambao unaweza kuchukua hata miaka mitatu na pia kwasababu jela za nchini humo zimejaa wafungwa.

    Berlusconi pia bado anakabiliwa na kesi ya kufanya malipo kwa ajili ya kuhudumiwa vitendo vya ngono na msichana wa miaka 17. Mzee huyo ni mtu mashuhuri katika hafla za ngono, maarufu nchini Italy kwa jina la "bunga bunga"

    [​IMG]
    Jaji Edoardo d'Avossa akisoma hukumu kwa Berlusconi.
     
  2. m

    msabato masalia Senior Member

    #2
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    Sisi hata ya mgombea binafsi bado imekwama achia mbali ya BWM.
    Bongo..................... panachosha.
     
  3. Teamo

    Teamo JF-Expert Member

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    sasa hii inatakiwa iondolewe na hapa kwa jeikei
     
  4. BAK

    BAK JF-Expert Member

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    Next should be Mkapa! lakini wanaomkingia kifua akina Pinda, Chiligati, Kikwete na wengineo watafanya kila wawezalo kuhakikisha fisadi huyu hapandishwi kizimbani kujibu tuhuma chungu nzima za kifisadi dhidi yake.
     
  5. Kigogo

    Kigogo JF-Expert Member

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    hivi hii kwa hapa TZ haiwezekani jamani
     
  6. Richard

    Richard JF-Expert Member

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    Mahakama ya katiba ya Italia inajumuisha majaji 15,watano wanaoteuliwa na Raisi, watano na mfumo wa mahakama au kwa kiingereza "judiciary" na na watano wanateuliwa na bunge la nchi hio.

    Huu ni mfumo murua kabisa na unatoa uhuru wa majaji hao kufanya kazi yao bila kuingiliwa.
     
  7. Chapakazi

    Chapakazi JF-Expert Member

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    Berlusconi immunity law overruled

    Italy's Constitutional Court has overturned a law granting Prime Minister Silvio Berlusconi immunity from prosecution while in office.

    The move opens the possibility that Mr Berlusconi, 73, could stand trial in at least three court cases, including one in which he is accused of corruption.
    The judges said immunity violated the principle that all citizens were equal.
    Mr Berlusconi said he had expected the ruling as the court was dominated by left-wing judges, and would not resign.
    "We have a very organised minority of red [left-wing] magistrates who use justice for a political fight," he told reporters outside his residence in Rome.
    "We must govern for five years with or without the law."

    "The trials that they will hurl at me in Milan are real farces... but we'll carry on," he said, accusing the court, the media and the president of favouring the left.
    "I will spend some hours away from taking care of the government and refute them all as liars," he said. "These things invigorate me, they invigorate Italians. Long live Italy, long live Berlusconi!"
    The BBC's Duncan Kennedy, in Rome, says the news has stunned Italy, where Mr Berlusconi has widespread public support, although it has dipped in recent times.
    The opposition has already called on him to step down, although it remains unclear how Mr Berlusconi's coalition partners will react, our correspondent says.
    When Mr Berlusconi came to office he was facing at least three court cases, including one involving the British lawyer David Mills.
    In that case Mr Berlusconi was accused of bribing him to give false evidence. Mills, who said he was innocent, was sentenced in February to four years and six months in prison for corruption.

    'Distractions'

    Mr Berlusconi and his lawyers had argued that he needed the immunity law to carry out his duties as prime minister, our correspondent says.
    The appeal to the Constitutional Court was launched by prosecutors including those from the Mills case.
    They contended that immunity put Mr Berlusconi above the law and needed to be reversed.
    Mr Berlusconi argued that immunity allowed him to govern without being "distracted" by the judiciary.
    This is the second time Italy's highest court has thrown out Mr Berlusconi's bid for immunity, after an earlier attempt in 2004 failed.
    Of the Constitutional Court's 15 members, five are selected by the president, five by the judiciary, and five by parliament.
    They voted 9-6 to in favour of lifting Mr Berlusconi's immunity, the BBC's Duncan Kennedy says from Rome.
    The ruling comes at a time when the prime minister's approval ratings have been eroded by a series of sex scandals and his wife has announced that she is divorcing him.


    ANALYSIS

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    Duncan Kennedy
    BBC News, Rome

    Politically it's not quite clear what might happen now. It all depends on Mr Berlusconi himself, who has said in the past day or so that he would not resign if the cases went against him.

    Coalition partners the Northern League have spoken of mobilising their forces if Mr Berlusconi were to lose this case. They have not yet clarified their position on that - whether that would mean they would pull out from the coalition, sparking elections. We will wait to see.

    The opposition have already called on Mr Berlusconi to resign if he loses this case although they are very weak and fragmented and don't have the same power as Mr Berlusconi's coalition partners.
    [​IMG]
     
  8. Chapakazi

    Chapakazi JF-Expert Member

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    Nadhani ni sahihi kwa kiongozi kuwa under immunity ya degree fulani. Lakini pale atakapotoka madarakani kuwe na uwezo wa kumfungulia mashtaka in relation to uzembe kazini. Hata hivyo pia kunatakiwa akiwa kazini kuwe na uwezo wa kumfungulia mashtaka kama atafanya makosa kadhaa ya jinai kama kuua, kubaka, nk.
     
  9. Abdulhalim

    Abdulhalim JF-Expert Member

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    Kwa nini kiongozi tu awe na immunity na sio watu wengine?
     
  10. Chapakazi

    Chapakazi JF-Expert Member

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    kwani ni viongozi tu wenye immunity? Wabunge? Mabalozi?
     
  11. Ndahani

    Ndahani JF-Expert Member

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    Huyo ndio Silvio Berlusconi, product ya Propaganda Due, which is a powerful Masonic lodge in Italy under Licio Gelli
     
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