State privileges and immunities

The Republic of Azerbaijan

Azerbaijan - Constitution (EN) 1995 (2016)

Third part: State power

Chapter V: Legislative Power

Article 90: The Immunity of the Deputy of the Milli Majlis of the Republic of Azerbaijan

I. The Deputy of the Milli Majlis of the Republic of Azerbaijan during the term of office has personal immunity. With the exception of cases when he has been caught in flagrante delicto, the Deputy during the term of office cannot be brought to court, detained, administrative measures of punishment cannot be applied to him. He cannot be arrested or punished in some other way and he cannot be searched or examined. The Deputy of the Milli Majlis of the Republic of Azerbaijan can be detained if caught in flagrante delicto. In this case the organ which has detained the Deputy of the Milli Majlis of the Republic of Azerbaijan must inform the General Procurator of the Republic of Azerbaijan.
II. The immunity of the Deputy of the Milli Majlis of the Republic of Azerbaijan can be terminated only by the decision of the Milli Majlis of the Republic of Azerbaijan on the basis of proposals of the Milli Majlis of the Republic of Azerbaijan by the General Procurator.

Third part: State power

Chapter VI: Executive Power

Article 106: Immunity of the President of the Republic of Azerbaijan

The President of the Republic of Azerbaijan has the right of immunity.
The honor and dignity of the President of the Republic of Azerbaijan shall be protected by law.

Third part: State power

Chapter VI: Executive Power

Article 106-1: Immunity of the Vice-President of the Republic of Azerbaijan
I. The Vice-President of the Republic of Azerbaijan enjoys immunity during the whole term of his powers.
II. The Vice-President of the Republic of Azerbaijan may not be arrested, brought to criminal responsibility except cases when he has been caught red-handed, disciplinary measures may not be applied to him by court, he may not be searched.
III. The Vice-President of the Republic of Azerbaijan may be arrested if he has been caught red-handed. In such case body detained the Vice-President must immediately notify Prosecutor-General of the Azerbaijan Republic about the fact.
IV. Immunity of the Vice-President of the Republic of Azerbaijan might be stopped only by the President of the Azerbaijan Republic, based on application of Prosecutor-General of the Republic of Azerbaijan.

Third part: State power

Chapter VI: Executive Power

Article 123: Immunity of the Prime Minister of the Republic of Azerbaijan

I. During the term of office the Prime Minister enjoys personal immunity.
II. The Prime Minister cannot be brought to court, detained, except in cases when he is caught flagrante delicto, no court measures, administrative penalty, arrest, and other suppression measures can be applied to him, he cannot be searched or inspected.
III. The Prime Minister of the Republic of Azerbaijan can be detained if he is caught flagrante delicto. In that case the organ which has detained him shall immediately inform the General Procurator of the Republic of Azerbaijan.
IV. The immunity of the Prime Minister of the Republic of Azerbaijan can be interrupted only by the President on the basis of the presentation of the General Procurator of the Republic of Azerbaijan

Rome Statute

Article 27 Irrelevance of official capacity

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

APIC

ARTICLE 27 Social Security

From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.