The detention of the candidate for People's Representative from the "Alliance for Rights and Freedoms" Ceyhan Ibryamov in custody is illegal. Ibryamov is still being illegally detained. This was stated by Andrey Yankulov, senior legal expert at the Anti-Corruption Fund to the BNR.
In his words, the main problem is the very detention of People's Representative Jeyhan Ibryamov. The initial detention is illegal and his continued detention is also illegal. The problem with the found crime requires some contingency and randomness of the situation. There is no way to talk about a found crime here, and the crime itself was expected by the control authorities, because there is an element of tracking, as it is claimed that Jeyhan Ibryamov asked for the money, comments Yankulov.
"Even if it concerns a proven crime, then permission to remove the immunity must again be given by the parliament or its speaker in the case when the National Assembly is not in session. The request of the prosecutor's office to continue the detention, but the Speaker of the Parliament left it without consideration. In this situation, it turns out that, according to publicly available information, Ceyhan Ibryamov has been illegally detained," Andrey Yankulov stressed.
According to him, procedural actions cannot be carried out against persons with parliamentary immunity. Ceyhan Ibryamov, during his detention, a search was carried out and a number of searches were made of properties inhabited by him, Yankulov added. The continuation of Jeyhan Ibryamov's detention must now be authorized by the parliament or, in the case of the hypothesis when the parliament is not in session, by its chairman.
Yankulov indicated that Ibryamov's lawyers will appeal against Ibryamov's continued detention. From a purely political point of view, I have no way of knowing what lies ahead, but the criminal proceedings will continue with in or out of custody, he said.
According to him, the parliament should also take an opinion on the detention of Ibryamov or the opinion of the parliamentary groups. Let the largest parliamentary group take a stance, and not its leader just remind and complain about his illegal arrest, urged Andrey Yankulov.
On the nominations of a new chief prosecutor, Yankulov stated that the current SJC does not have the public legitimacy and public trust to elect a chief prosecutor for the next 7 years. For Yankulov, it is more likely that Borislav Sarafov can remain the acting chief prosecutor, which suits the political forces at the moment, Yankulov also pointed out.
He added that if the majority in the parliament cannot be consolidated, it will not be able to elect a new composition of the SJC.