The extradition of MP Robert Fico for custodial prosecution may be more complicated than it seems at first glance. The main role is played not only by the Parliament, but also by the Prosecutor General. The motion for custody is placed to the Parliament exclusively by Maros Zilinka. Neither the police nor the Prosecutor General's Office have so far confirmed that such a request was already on the table. However, the police president Stefan Hamran said that such a request is being prepared and investigators will file it.
Voices from the coalition echo that if the investigators have bulletproof evidence against Robert Fico, they should ask for his detention. “If there are reasons for detention, such a person has to be detained, this is no roller coaster of procedures where we see what happens in a month or so,” objects Olano MP Lukas Kyselica to this procedure, even though there is currently no way around it. The problem is that before the court can rule on the investigators' request, the parliament itself must agree to extradite the MP. The request for detention is submitted to the plenary only by the prosecutor general.
Although Police President Stefan Hamran has already stated that investigators will ask for Robert Fico's detention, such a proposal is not on the table and has not yet been confirmed by the Prosecutor General's Office. The Smer-SD leader, who faces charges of setting up a criminal group and endangering banking and tax secrecy, says he is preparing for such a possibility. “We can expect a request for custody, which would be absolutely unbelievable that one could be criminalised for political work,” said Robert Fico.
According to the charges, Robert Fico, Robert Kalinak and businessman Norbert Bodor planned to appoint their nominees to high positions in the police and financial administration. Investigators assume that the politicians subsequently obtained and gathered information from them about their opponents - Igor Matovic or President Andrej Kiska. According to political scientist Jozef Lenc from the University of Ss Cyril and Methodius in Trnava, caution is in order so that no one can question the investigation and the rule of law. Personally, he is convinced that if the Prosecutor General asks for Robert Fico's detention, the Parliament will comply. “If such a request comes, then judging from the long-term commentaries of different political parties, we can presume that a majority will be found,” said Lenc.
In particular, the coalition would provide a majority of votes. The opposition - not only the members of the Smer party - is in favour of Robert Fico. Even if Robert Fico were extradited from the parliament, his mandate would not cease to exist. The MP would just not exercise it and a replacement would take his seat.
Source: Matej Beranek, RTVS
