State privileges and immunities

Republic of El Salvador

El Salvador - Constitution 1983 (2014) EN

TITLE VIII: RESPONSIBILITY OF PUBLIC FUNCTIONARIES

Article 238
The Deputies may not be tried for serious offenses they commit from the day of their election until the end of the period for which they were elected, without the Legislative Assembly previously declaring that there are grounds for trial, in conformity with the procedure established in the preceding Article.
For the less serious crimes and misdeeds they commit during the same period they may not be detained or imprisoned, nor called to testify until after the conclusion of the period of their election.
If the President, Vice-President of the Republic or a Deputy were to be caught in flagrante delicto, from the day of their election until the end of the period for which they were elected, they may be detained by any person or authority, who shall be obliged to place the case immediately at the disposition of the Assembly.

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.