State privileges and immunities

Uruguay

Constitution of Uruguay 1967 (2004)

SECTION VI
Sessions of the General Assembly.
Provisions Common to Both Chambers.
The Permanent Commission.

Chapter III

Article 113.
No Senator or Representative, from the day of his election until that of his termination, may be arrested except in case of flagrante delicto and then notice shall immediately be given to the respective Chamber, with a summary report of the case.


Article 114.
No Senator or Representative, from the day of his election until that of his termination, may be indicted on a criminal charge, or even for common offenses which are not specified in Article 93, except before his own Chamber, which, by two-thirds of the votes of its full membership, shall decide whether or not there are grounds for prosecution and if so, shall declare him suspended from office, and he shall be placed at the disposition of a competent Tribunal.

SECTION IX
The Executive Power

Chapter IV

Article 171.
The President of the Republic shall enjoy the same immunities and shall be subject to the same disqualifications and prohibitions as Senators and Representatives.

SECTION X
The Ministers of State

Chapter I

Article 178.
Ministers of State shall be entitled to the same immunities and shall be subject to the same incompatibilities and prohibitions as Senators and Representatives, wherever pertinent.

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.