A possible violation of a Belgian MEP's parliamentary immunity is threatening to derail the Qatargate corruption investigation, various Belgian media report.
According to sources cited by both La Dernière Heure and La Libre, the case's initial indictment, dated 15 July 2022, recommended that preliminary investigations be carried out on political officials believed to form part of a "criminal organisation".
At least two sitting MEPs were reportedly named in the document: Belgian Marie Arena and Greek former Vice-President of the European Parliament Eva Kaili. Both would have had their parliamentary immunity violated had such an initial probe in fact taken place.
Marie Arena. Credit: EP Photo
In December, Kaili had her immunity lifted and was formally charged by the Belgian authorities for "participation in a criminal organisation, money laundering and corruption."
Arena has not had her immunity suspended and has not been formally charged, despite the fact that the case's former investigating judge Michel Claise twice came close to formally requesting the suspension of her parliamentary immunity.
Claise recused himself from the probe in June this year when it transpired that his son had improper business ties to Arena's son.
Both Kaili and Arena deny any involvement in the scandal.
Eva Kaili. Credit: EP Photo
Compounding the concern for Belgian prosecutors is the fact that the 15 July indictment also called for an initial probe to be conducted on a working group of MEPs tasked with investigating the controversial "Pegasus" spyware software. The MEPs would also have had their immunity violated had the recommendation been implemented.
'They did not benefit from any immunity'
The Federal Prosecutor's Office (FPO) has since forcefully defended its conduct, claiming that the 15 July indictment was actually aimed at other individuals implicated in the probe, including Italian former MEP Antonio Panzeri and Kaili's former partner Francesco Giorgi, who also previously served as Panzeri's assistant.
"Both [were] charged in this case but did not benefit from any immunity," FPO informed La Libre. "Between 15 July, 2022, and 9 December, 2022, the investigation and investigative acts were carried out only with regard to individuals who did not benefit from any immunity for acts of corruption and participation in a criminal organisation."
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The Qatargate corruption scandal – in which the Qatari and Moroccan Governments are alleged to have made payments to various European officials in exchange for their support for pro-Qatari and pro-Moroccan policies – has thus far led to charges being brought against one sitting Belgian MEP, Marc Tarabella.
According to a "well-informed source" cited by both La Dernière Heure and La Libre, it is highly conceivable that the probe's new investigating judge, Aurélie Dejaiffe, could soon file a formal request to suspend Arena's immunity.
"The lifting of immunity of Arena and the others does not mean that they are guilty or [even] charged," the source noted. "It just means that they will finally be able to be heard. And considering the number of times Arena's name appears in the case, it's not any worse that she finally explains herself."
"And if investigative acts are necessary, first of all, immunity must be lifted, so as not to have potential problems in the procedure, as is the case currently."
