State privileges and immunities

Djibouti

Djibouti - Constitution 1992 (2010) EN

TITLE IV: OF THE LEGISLATIVE POWER
Article 50
The members of the National Assembly enjoy parliamentary immunity.
No Deputy may be prosecuted, investigated, arrested, detained or judged for reason
of the opinions or votes emitted by him in the exercise of his functions.
No Deputy may, during the time of the sessions, be prosecuted or arrested, in a
criminal or correctional matter except in the case of flagrante delicto, without the
authorization of the National Assembly.
No Deputy may, outside the sessions, be arrested without the authorization of the
Bureau of the National Assembly, except in the case of flagrante delicto, of
authorized prosecution or of definitive condemnation.
The detention or the prosecution of a Deputy is suspended if the National Assembly
requires it.

TITLE IX: OF THE HIGH COURT OF JUSTICE
Article 84
The President of the Republic is not responsible for the acts accomplished in the
exercise of his functions except in the case of high treason . The members of the
Government are criminally responsible for the acts accomplished in the exercise of
their functions and qualified as crimes or misdemeanors at the moment they were
committed.

TITLE XI: OF THE MEDIATOR OF THE REPUBLIC
Article 89
An organ denominated the Mediator of the Republic is constituted.
He is not removable. He enjoys immunity in the exercise of his functions.

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.