State privileges and immunities

Azerbaijan

Azerbaijan - Constitution (EN) 1995 (2016)

Third part: State power

Chapter V: Legislative Power

Article 90: The Immunity of the Deputy of the Milli Majlis of the Republic of Azerbaijan

I. The Deputy of the Milli Majlis of the Republic of Azerbaijan during the term of office has personal immunity. With the exception of cases when he has been caught in flagrante delicto, the Deputy during the term of office cannot be brought to court, detained, administrative measures of punishment cannot be applied to him. He cannot be arrested or punished in some other way and he cannot be searched or examined. The Deputy of the Milli Majlis of the Republic of Azerbaijan can be detained if caught in flagrante delicto. In this case the organ which has detained the Deputy of the Milli Majlis of the Republic of Azerbaijan must inform the General Procurator of the Republic of Azerbaijan.
II. The immunity of the Deputy of the Milli Majlis of the Republic of Azerbaijan can be terminated only by the decision of the Milli Majlis of the Republic of Azerbaijan on the basis of proposals of the Milli Majlis of the Republic of Azerbaijan by the General Procurator.

Third part: State power

Chapter VI: Executive Power

Article 106: Immunity of the President of the Republic of Azerbaijan

The President of the Republic of Azerbaijan has the right of immunity.
The honor and dignity of the President of the Republic of Azerbaijan shall be protected by law.

Third part: State power

Chapter VI: Executive Power

Article 106-1: Immunity of the Vice-President of the Republic of Azerbaijan
I. The Vice-President of the Republic of Azerbaijan enjoys immunity during the whole term of his powers.
II. The Vice-President of the Republic of Azerbaijan may not be arrested, brought to criminal responsibility except cases when he has been caught red-handed, disciplinary measures may not be applied to him by court, he may not be searched.
III. The Vice-President of the Republic of Azerbaijan may be arrested if he has been caught red-handed. In such case body detained the Vice-President must immediately notify Prosecutor-General of the Azerbaijan Republic about the fact.
IV. Immunity of the Vice-President of the Republic of Azerbaijan might be stopped only by the President of the Azerbaijan Republic, based on application of Prosecutor-General of the Republic of Azerbaijan.

Third part: State power

Chapter VI: Executive Power

Article 123: Immunity of the Prime Minister of the Republic of Azerbaijan

I. During the term of office the Prime Minister enjoys personal immunity.
II. The Prime Minister cannot be brought to court, detained, except in cases when he is caught flagrante delicto, no court measures, administrative penalty, arrest, and other suppression measures can be applied to him, he cannot be searched or inspected.
III. The Prime Minister of the Republic of Azerbaijan can be detained if he is caught flagrante delicto. In that case the organ which has detained him shall immediately inform the General Procurator of the Republic of Azerbaijan.
IV. The immunity of the Prime Minister of the Republic of Azerbaijan can be interrupted only by the President on the basis of the presentation of the General Procurator of the Republic of Azerbaijan

Azerbaijan - Criminal Code (EN) 1999

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 11. Implementation of the criminal law on the persons who have committed a crime on the territory of the Azerbaijan Republic

11.5. The question on the criminal liability of diplomatic representatives of the foreign states and other citizens which use immunity, in case of committing by these persons of a crime on the territory of the Azerbaijan Republic shall be implemented according to the norms of international law.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 102. Attack on persons or establishments, which use international protection

The attack on representative of the foreign state or employee of the international organization which use international protection, as well as on service, other premises or vehicles of these persons, committed with a view of provocation of war or complication of the international relations â “
shall be punished by imprisonment for the term from five up to ten years.

Azerbaijan - Criminal Procedure Code (EN) 2000

General Part

FIRST SECTION
Main Provisions

Chapter I
Legislation on criminal procedure

Article 5. Legislation on criminal procedure as it relates to foreign citizens and stateless persons

5.2. The special features of criminal procedure involving persons whose diplomatic and other privileges and immunities are determined by the agreements to which Azerbaijan is a signatory are provided for in Articles 436-441 of the Code.

SPECIAL PART

SECTION TEN
PROCEEDINGS CONCERNING CERTAIN CATEGORIES OF PERSONS

Chapter LI
PROCEEDINGS CONCERNING PERSONS HOLDING PRIVILEGES AND IMMUNITIES UNDER INTERNATIONAL TREATIES

Article 436. Jurisdiction of the Azerbaijan Republic with regard to persons holding diplomatic immunity

Subject to the clearly expressed agreement of the relevant foreign state or international organisation, persons holding diplomatic immunity may come under the jurisdiction of the Azerbaijan Republic.

Article 437. Persons enjoying diplomatic immunity

437.0. The following persons shall enjoy diplomatic immunity :

437.0.1. heads of the diplomatic representations of foreign countries, members of their diplomatic missions and their family members, provided that they live with them and are not citizens of the Azerbaijan Republic ;
437.0.2. under reciprocal bilateral agreements between states, employees of the administrative and technical missions of diplomatic representations and their family members who live with them, provided that the employees and their family members are not citizens of the Azerbaijan Republic and do not live permanently in the Azerbaijan Republic ;
437.0.3. under reciprocal bilateral agreements between states, employees of the service missions of diplomatic representations who are not citizens of the Azerbaijan Republic or do not live permanently in the Azerbaijan Republic ;
437.0.4. diplomatic couriers ;
437.0.5. heads of consulates and other consulate officials ;
437.0.6. representatives of foreign countries, members of delegations representing foreign parliaments and governments and, under reciprocal bilateral agreements between countries, members of delegations representing foreign countries who come to the country to participate in international negotiations, conferences and discussions or with other official instructions, or who travel through the country’s territory for those purposes, and the family members accompanying those persons, provided that they are not citizens of the Azerbaijan Republic ;
437.0.7. in accordance with international treaties and generally accepted international custom, the heads, members and missions of foreign countries’ delegations to international organisations, and the officials of those organisations on the territory of the Azerbaijan Republic ;
437.0.8. heads of the diplomatic representations of foreign countries in third countries, members of their diplomatic missions and family members accompanying them or travelling separately to join them or return to their own countries, where such persons travel through the territory of the Azerbaijan Republic.

Article 438. Personal immunity

438.1. The persons referred to in Article 437.0.1 – 437.0.4 and 437.0.6 – 437.0.8 of this Code shall have the right to personal immunity. Except where this is necessary for the enforcement of a final court judgment concerning them, these persons may not be detained or arrested.

438.2. Heads of consulates and other consulate officials may be detained or arrested only if they are prosecuted for a serious offence or in order to enforce a final court judgment concerning them.

438.3. The investigating authority, prosecutor in charge of the procedural aspects of the investigation or court that detains or arrests persons referred to in Articles 438.1 and 438.2 of this Code shall immediately inform the relevant government authority of the Azerbaijan Republic of the fact.

Article 439. Immunity with regard to criminal jurisdiction

439.1. Persons listed in Articles 437.0.1, 437.0.2, 437.0.4 and 437.0.6-439.0.8 of this Code shall hold immunity with regard to criminal jurisdiction in the Azerbaijan Republic. The charging of such a person as a suspect or accused shall be decided through diplomatic channels.

439.2. Employees of the service mission of diplomatic representations, heads of consulates and other consulate officials who are not citizens of the Azerbaijan Republic or do not live permanently in the Azerbaijan Republic shall come under the criminal jurisdiction of the Azerbaijan Republic only in respect of offences committed in the performance of their duties.

Article 440. Immunity from giving evidence

440.1. Persons listed in Articles 437.0.1-437.0.4 and 437.0.6-437.0.8 of this Code shall not be obliged to testify as witnesses or victims. If they agree to testify, they may give evidence in writing without appearing before the investigator, the prosecutor in charge of the procedural aspects of the investigation or the court.

440.2. If such persons give statements as victims or witnesses during the investigation, but do not come to the court hearing, the court may read out their statements.

440.3. Heads of consulates and other consulate officials may not refuse to testify as witnesses or victims except in matters connected with the performance of their duties. If consulate officials refuse to give evidence as witnesses, coercive procedural measures may not be applied to them.

440.4. If the consent provided for in Article 440.1 of this Code is received, the summons addressed to such persons shall not threaten them with coercive procedural measures if they do not appear before the prosecuting authority.

440.5. Persons holding diplomatic immunity shall not be obliged to give correspondence and other documents relating to the performance of their duties to the investigating authority, the prosecutor in charge of the procedural aspects of the investigation or the court.

Article 441. Inviolability of premises and documents

441.1. Premises accommodating diplomatic representations, the headquarters of the head of a diplomatic representation, the residences of members of diplomatic missions and their property shall be inviolable. Entry to these premises, search, seizure, arrest and attachment of property may be conducted only with the consent of the head of the diplomatic representation or his deputy.

441.2. Under reciprocal bilateral agreements between states, the rights provided for in Article 441.1 of this Code shall also extend to the residences of the employees of the administrative and technical missions of diplomatic representations and their family members who are not citizens of the Azerbaijan Republic or do not live permanently in the Azerbaijan Republic.

441.3. Premises accommodating consulates and the headquarters of the heads of consulates shall be inviolable. Entry to these premises, search, seizure and arrest may be conducted only with the consent or at the request of the head of the consulate or diplomatic representation.

441.4. The archives, documents and official correspondence of diplomatic representations and consulates shall be inviolable. Diplomatic mail may not be opened or delayed.

441.5. Consent to entry to the premises of diplomatic representations and consulates referred to in Articles 441.1, 441.2 and 441.3 of this Code, and to search, seizure and arrest on those premises shall be sought by the investigating authority or the prosecutor’s office via the appropriate government authority of the Azerbaijan Republic.

441.6. Any search, seizure or arrest on the above-mentioned premises shall be conducted with the participation of the prosecutor in charge of the procedural aspects of the investigation and a representative of the relevant government authority of the Azerbaijan Republic.

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.