Immunity

Barbados

Barbados - Mutual Assistance in Criminal Matters Act 1992 EN

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 16 Immunity of Persons

1. A person present in the requesting State pursuant to a request under this Treaty seeking that person’s attendance shall not be subject to:

(a) civil process in respect of any act or omission that occurred or is alleged to have occurred before the person’s departure from the requested State pursuant to the request; or

(b) service of process or be prosecuted or detained or subjected to any other restriction of his personal liberty in that State for any acts or omissions which preceded that person’s departure from the requested State, nor shall that person be obliged to give evidence in any proceeding other than the proceedings to which the request relates.

2. Paragraph 1 shall cease to apply if a person, being free to leave the requesting State, has not left it within a period of fifteen days after being officially notified that that person’s attendance is no longer required or, having left that State, has voluntarily returned.

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.