If Nils Ušakovs and Andris Ameriks are re-elected, the prosecution office may turn to the European Parliament again with a request to lift their immunity, as LETA was told.
On Thursday, the 11th of April, the European Parliament refused to lift immunity of Latvian MEPs Nils Ušakovs and Andris Ameriks. The next European Parliament elections are scheduled for the 8th of June. Of the two officials, only Ušakovs plans to run in them.
Commenting on this decision by the European Parliament, Monvīds Zelčs, Prosecutor of the Anti-Corruption Coordination Division of the Latvian Prosecutor General’s Office, told LETA that the immunity protects both MEPs, making it impossible to present any criminal charges as long as they remain members of the European Parliament.
This decision by the EP can be considered an attempt to “torpedo” the future investigation of criminal cases. Nevertheless, Zelčs also believes
that “the case will not end with this decision from the European Parliament”.
Currently there is no way to prosecute either of them. However, June will be a countdown point. This is when the next European Parliament elections will be held. If either of them is re-elected, the prosecution office may turn to the European Parliament with a request to lift immunity. “If this comes to pass, we will have to act. If an official is presented with charges and they do not have immunity at some point but are then re-elected, we will still have to turn to the European Parliament,” the prosecutor said.
Commenting on the European Parliament’s statement that the criminal procedure was commenced in order to impact a specific official’s political activities, Zelčs said the European Parliament can write anything in their explanations.
The prosecutor said it is difficult for him to say how far MEPs studied the prosecution office’s request regarding the two Latvian MEPs. He also said MEPs are not a court of law, which needs to look at evidence. “They look at what is written in the application and base their decisions on that,” said Zelčs.
The prosecutor reminded that Ušakovs is not accused of any misdoings he might have committed as an MEP. The criminal case also has nothing to do with his political activities. “The activities he has carried out as Chairman of Riga City Council are only one aspect. It is not us targeting him as a politician or his term in Riga City Council. It is about him agreeing with a private person to perform activities in exchange for bribes,” said the prosecutor.
Zelčs also confirmed that the potential charges against Ušakovs are more severe than those against Ameriks. Ušakovs is the central figure in this criminal procedure.
Although the decision from the European Parliament causes problems for the prosecution office, there are no plans to cease the criminal procedure, the prosecutor said.
At the same time, the prosecutor does not doubt that Ušakovs will continue calling it political persecution. Still, experience shows that officials in nearly every criminal case claim it is political persecution.
The prosecutor has requested to lift political immunity off Ušakovs in order to initiate criminal proceedings against him for a criminal offense – accepting a bribe – before committing an illegal act in the interests of a third party as a public official, abusing his position of office, as well as for embezzlement of another’s property, abuse of trust and deceit.
The political immunity of Ameriks has also been requested to be lifted in order to commence criminal proceedings for a criminal act – obtaining a bribe before committing an illegal act in the interest of a third party using his official position.
It is listed in the document submitted to the European Parliament that from the 22nd of July, 2017 to the 17th of September, 2017, Ušakovs, as the Mayor of Riga, namely, representing the Riga Municipality as a shareholder of the Riga Transportation Company, allegedly requested a bribe from the indirect owner of Rīgas mikroautobusu satiksme equal to 50% of the funding received by this company from Riga municipality for passengers with rights for discounts.
According to the European Parliament’s Legal Affairs Committee, Ameriks, too, is accused of requesting a bribe from the indirect owner of Rīgas mikroautobusu satiksme.
In May 2023 the Corruption Prevention and Combating Bureau (KNAB) requested the Prosecutor General’s Office to present charges to former Mayor of Riga Ušakovs, former vice-mayor Ameriks and several other people for causing damages worth approximately EUR 10 million to Riga municipality and its capital associations.
On the 10th of May 2023 KNAB submitted to KNAB the criminal procedure with evidence of four former officials of the Riga City Council and its capital company, as well as one natural person, driven by greedy goals, generating income for the general partnership of shuttle bus passenger transport services, part of which was repaid as a cash bribe to two former senior officials of the Riga City Council, as LETA was told by KNAB.
As a result of this criminal act, the municipality and its capital association suffered losses worth more than EUR 10 million.
The investigation found that the former chairman of Riga City Council, his deputy and the indirect owner of a company agreed on bribery.
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