Immunity - national proceedings

Bangladesh

Bangladesh - Constitution 1972 (2014)

PART IV: THE EXECUTIVE
Chapter I: The President
51. President's immunity
Without prejudice to the provisions of article 52, the President shall not be answerable in any court for anything done or omitted by him in the exercise or purported exercise of the functions of this office, but this clause shall not prejudice the right of any person to take proceedings against the Government.

During his term of office no criminal proceedings whatsoever shall be instituted or continued against the President in, and no process for his arrest or imprisonment shall issue from, any court.

PART V: THE LEGISLATURE
CHAPTER I: PARLIAMENT
78. Privileges and immunities of Parliament and members
The validity of the proceedings in Parliament shall not be questioned in any court.

A member or officer of Parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court.

Bangladesh - The International Crimes Act 1973 (2013)

An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law.

5. Official position, etc not to free an accused from responsibility for any crime

(1) The official position, at any time, of an accused shall not be considered freeing him from responsibility or mitigating punishment.

Rome Statute

Article 27 Irrelevance of official capacity

1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

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.