State privileges and immunities

Barbados

Barbados - Mutual Assistance in Criminal Matters Act 1992 EN

Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 13 Immunities and privileges

(1) Subject to subsection (2), a person in Barbados pursuant to a request such as is referred to in section 9 or 10

(a) is not liable to be detained, prosecuted or punished in Barbados for any offence that is alleged to have been committed, or that was committed, before that person’s departure, pursuant to the request, from the Commonwealth country to which the request was made;

(b) may refuse to answer any questions or to produce any article, record or thing if the refusal is based on the law of Barbados; and

(c) shall not be compelled to give or provide evidence, information or assistance for the purposes of, or in connection with, a criminal matter other than that to which the request relates.

(2) Subsection (1)(a) or (c) does not apply in relation to a person

(a) if he leaves Barbados and then returns otherwise than pursuant to the same or another request; or

(b) who has been notified by the central authority for Barbados that his presence is no longer required for the purposes of the request and who then remains in Barbados for more than 15 days after the first date on which he had a reasonable opportunity to leave Barbados.

(3) For the purposes of subsection (1)(a), an offence shall be treated as having been committed only on the date when the conduct constituting the offence was complete, notwithstanding that the offence concerned may be a continuing offence.

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.