Immunity - national proceedings

Gabon

Gabon - Constitution 1991 (2011) EN

TITLE III: OF THE LEGISLATIVE POWER
Article 38
No member of Parliament may be prosecuted, investigated, arrested, detained or judged due to his or her own expressed opinions or votes related to the exercise of parliamentary duties.
No member may be, during the course of Parliamentary sessions, pursued, investigated or arrested on criminal or minor charges without the authorization of the Bureau of the Chamber concerned, except in cases of flagrant misconduct or definitive condemnation.
The detention or prosecution of a member of Parliament is suspended until the end
of his or her term, unless parliamentary immunity has been lifted.

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.