State privileges and immunities in 'Armenia - Criminal Procedure Code (EN) 1998 (2016)'

PART 13. PECULIARITIES OF CRIMINAL PROCEEDINGS ON CERTAIN CRIMES

CHAPTER 51. PECULIARITIES OF PROCEEDINGS CONCERING PERSONS ENJOYING PRIVILEGES AND IMMUNITY ENVISAGED BY INTERNATIONAL TREATIES

Article 444. Persons with diplomatic immunity under the jurisdiction of the Republic of Armenia

Persons with diplomatic immunity can be under the jurisdiction of the Republic of Armenia in those cases when the foreign country in question or the international organization will give a special consent on that occasion.

Article 445. Persons enjoying diplomatic immunity

The following persons enjoy diplomatic immunity:
heads of foreign diplomatic missions, the members of the diplomatic staff of these missions and the members of their families residing with them, if they are not citizens of the Republic of Armenia;
on reciprocal basis, the administrative and technical employees of the diplomatic missions and their family members residing with them, if they are not citizens of the Republic of Armenia and do not reside permanently in the Republic of Armenia;
on reciprocal basis, the service staff of the diplomatic mission who are not citizens of the Republic of Armenia and do not reside permanently in the Republic of Armenia; diplomatic couriers;
heads of consular offices and other officials;
representatives of foreign states, members of advisory and governmental delegations and, reciprocally, other members of a foreign delegation who arrived for international negotiations, conferences or on other official businesses or with same purposes they are
in the territory of the Republic of Armenia in transit, the family members of these persons if they are not citizens of the Republic of Armenia.
Heads of foreign missions in the international organizations, members and staff, their officials who are in the territory of the Republic of Armenia on the basis of commonly known international traditions;
The heads of diplomatic missions in third countries, members of diplomatic missions who are in the Republic of Armenia in transit and their family members accompanying them or travel separately to join them or travel back to their home country.

Article 446. Personal immunity

Persons mentioned in article 445 of this Code enjoy personal immunity. They can not be arrested or detained, except those case when this is necessary for the implementation of the verdict concerning them which has come into effect.
The preliminary investigation body which arrested or detained the persons mentioned in the first part of this article, the prosecutor or other the court must immediately inform the foreign ministry of the country in question with a telegram, by phone or other means of communication.

Article 447. Immunity to criminal prosecution

In the territory of the Republic of Armenia, the persons mentioned in article 445 of this Code enjoy immunity to criminal prosecution. The issue of involvement of such persons as the accused or the suspects is resolved by diplomatic channels.
The service employees of diplomatic missions who are not citizens of the Republic of Armenia and do not reside permanently in the Republic of Armenia, heads of consular offices and other officials in the Republic of Armenia enjoy immunity to criminal prosecution only in their line of duty.

Article 448. Immunity when testifying

Persons mentioned in article 445 of this Code must not testify as witnesses or the injured, in the case of agreement to testify are not obligated to go to the investigator, the prosecutor or to the court.
When these persons testify during the inquest as witnesses or the injured, and have not appeared in court trial, the court can publicize their testimonies.
Heads of consular offices and other officials can not refuse from testimonies as witnesses or the injured, except those cases when the testimony is concerned with the implementation of their professional duties. In the case of refusal to testify by consular officers, no enforcement measures can be applied to them.
In the case of agreement mentioned in the first part of this article, the notification handed to these persons can not contain a clause on the enforcement measures applied in the case of failure to appear.
Persons enjoying diplomatic immunity are not obligated to submit to the prosecutor or to court correspondence or other documents concerning their duties.

Article 449. Immunity of facilities and documents

The building occupied by the diplomatic mission, the residence of the head of diplomatic mission, the dwellings of the diplomatic personnel, their property and vehicles are immune. Entrance to these facilities, searches, seizures, arrest of property can be done only with consent of the head of diplomatic mission or other official.
Reciprocally, the rights envisaged in the first part of this article are extended to the administrative and technical personnel of diplomatic missions, their dwellings occupied by family members living together, if these persons and their family members are not citizens of the Republic of Armenia and do not reside permanently in the Republic of Armenia. The buildings occupied by consular offices and the residences of heads of consulates, reciprocally, are immune. Entrance to these facilities, searches, seizures, arrest of property can be done only with consent or at the request of the head of diplomatic mission or the consulate.
The archive of the diplomatic mission or consulate, the documents and official correspondence are immune. Diplomatic mail can not be opened and taken.
The bodies in charge of criminal proceedings obtain the consent from the heads of diplomatic missions or consulates for cases mentioned in parts 1, 2, 3 through the ministry of foreign affaires of the Republic of Armenia.
Searches, seizures and arrests in the above mentioned premises are by all means done in the presence of the prosecutor and representative of the foreign ministry of the Republic of Armenia.

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.