 |
Does tiny Belgium have the capacity to convict the alleged perpetrators of a major corruption scandal sweeping the European Parliament?
This question hangs over conversations in the corridors of Brussels after the emergence of the so-called Qatargate allegations In December. But last week Belgian prosecutors made a major breakthrough.
Former Italian EU MP Pier Antonio Panzeri, one of the Four suspects are currently in custody Last Tuesday in the investigation make a deal With Belgian prosecutors to exchange information for a reduced sentence.
Panzeri’s agreement to cooperate with authorities is a huge boost – not only for the investigation, but also for the Belgians involved, who have a lot to offer.
Prominent Belgian politicians, including Prime Minister Alexandre de Crew and European Justice Commissioner Didier Reynders, have been boasting about the independent work of their country’s judiciary, police and intelligence branches, which led to the arrests. For them, it is a sign that Belgium takes its job as a host country of EU institutions very seriously.
Katargate incident happened jeopardized credibility of those institutions after prosecutors went public with their investigation in early December. Belgian federal police raided at least 20 locations in Brussels, seizing mobile phones, computers and more than €1.5 million in cash. Four people were arrested on preliminary charges, amid claims that the governments of Qatar and Morocco had paid large amounts of cash to EU politicians to do their bidding.
Belgian Justice Minister Vincent van Quickenborn told POLITICO that through this investigation, the Justice Department is “baring its teeth.”
“I am confident that the Federal Prosecutor’s Office will do everything possible and get to the bottom of this matter,” he said, “It is no coincidence that the law used is the ‘Pentiti’ law, because this law was a useful tool in Italian.” Fight against mafia.
The minister is referring to Belgium’s so-called repentance law, which is being used in the current EU corruption case for only the second time since it was created in 2018. The first – an investigation into money laundering, bribery and match-fixing in Belgian football in 2021 – was also led by Belgian Investigating Magistrate Michel Claesz, who is now at the helm of the Qatargate investigation.
For the second time, the challenge ahead for Claes — familiar To fight corruption in Belgium – in fact the media within the investigation is to be delivered on Katergate amid extensive leaks.
This means that the Belgian justice is under even more pressure to produce concrete evidence.
risky leaks
For defendants, the widespread leak of arrests since their inception is a bad omen – and a welcome addition of ammunition.
Maxime Toler, the lawyer for Belgian socialist MEP Marc Tarabella, has heavily criticized the investigation. Tarabella’s home was raided and Belgian investigators asked European Parliament to waive his immunity – although he has not yet been formally charged.
bell ringer Told The claim was “a major problem with the process” due to the leaking of important documents to the media.
Belgian justice sees the leaks – which include detailed descriptions of the investigation, court documents and information from intelligence services – as a possible interference in the case.
from quickenborn Told POLITICO said last month that repeated leaks of information are “dangerous” to ensuring justice. Federal prosecutors have launched a separate investigation into the leaks, although this has not stopped them.
Defense attorneys for suspects may balk at such leaks to blow procedural holes in the case, or argue that the right to professional confidentiality, respect for the presumption of innocence and the right to access sealed documents are violated. has gone. According to the European Convention on Human Rights, every defendant has the right to a “fair and public hearing”.
But in practice, leaks rarely lead to the end of a case, said Raf Verstraeten, a legal expert at the University of Leuven.
“The leak is unfortunate – but the idea that it will destroy the entire trial is a very long shot. We’re not quite at that point,” he said. According to Verstraeten, a lot has to happen before a lawsuit is tossed out to be unfair. “The fact that there are leaks is regrettable, but that does not immediately rule out that there was no fair trial.”
no more secrets
What leaks can do is disrupt co-operation with other police forces and justice systems – and intelligence, which is vital to Belgium. Above all, they risk undermining trust between the different services involved in the matter.
Francesca Bostin, head of the Belgian intelligence agency told the Belgian media The leaky case “gets us into trouble with our foreign allies. Now it looks like Belgium can’t keep any secrets. Frankly, I think it’s a problem that all of our methods are being made public.”
Intelligence from the Belgian State Security and other secret services was instrumental in launching the legal investigation. Yet using information from intelligence services is not always straightforward in criminal investigations, said two investigators who were not involved in this specific case but have worked with intelligence services on other files.
One said, “The intelligence services often provide you with a lot of important information, but not all of that information is usable in court.” Nor are sources always open to disclosure, the investigator pointed out. “This can make it challenging for investigators and prosecutors to build a convincing case.”
In Belgium, information from the intelligence services Can be used As supporting evidence, but must be accompanied by other evidence.
An analysis of the seized money is needed to help prove where and by whom it was withdrawn. Above all, it should show whether and how money can actually be linked to influencing political decision-making in the European Parliament. If that analysis doesn’t provide enough evidence, the investigation may still fail.
Panjeri’s cooperation will be key to making that case. If Italian does share the information it has pledged to, it could include details of the financial arrangements, the countries involved, who benefited and who participated. Panjeri has also agreed to disclose the names of people to whom he has admitted to paying bribes.
Which means for those who still have something to hide, now is the time to panic.
Jacopo Barigazzi, Nectaria Stamouli, Elena Giordano and Gregorio Sorgi contributed reporting,