Immunity

Co-operative Republic of Guyana

Guyana -Mutual Assistance in Criminal Matters Act 2010

20. (1) Subject to subsection (2), a person who is in Guyana as a result of any request under section 11 or 12 —



is not liable to be detained, prosecuted, or punished in Guyana for any offence that is alleged to have been committed, or that was committed, before that person's departure from the Commonwealth country concerned as a result of the request;



is not liable to any civil process or proceedings in respect of any act or omission that is alleged to have occurred, or that occurred, before that person's departure from the Commonwealth country concerned as a result of the request;



may refuse to answer any questions or to produce any record or other thing if the refusal is based on the law of Guyana; and



shall not be compelled to give evidence, information, or assistance for the purposes of, or in connection with, any matter other than the criminal matter to which the request relates.

Rome Statute

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.