Immunity

Georgia

Georgia - Constitution 1995 (2013) EN

CHAPTER THREE
The Parliament of Georgia

Article 63

1. Under the circumstances defined in the second paragraph of Article 75, not less than one third of the
total number of the members of the Parliament shall be entitled to raise the question of the dismissal of
the President of Georgia in accordance with impeachment procedure. The case shall be submitted to
the Supreme Court or Constitutional Court for a conclusion.

2. If, by its conclusion, the Supreme Court confirmed corpus delicti in the act of the President or the
Constitutional Court confirmed the violation of the Constitution, after having discussed the conclusion
the Parliament shall adopt a decision by the majority of votes of the total number of the members of
the Parliament on putting the issue of impeachment of the President to the vote.

3. The President shall be deemed to be dismissed from the office in accordance with impeachment
procedure, if not less than two thirds of the total number of the members of the Parliament supported
the decision.

4. The issue shall be deemed stricken off if the Parliament fails to adopt the decision within a term of
30 days. Bringing of the same charge against the President shall be impermissible during the following
one year.

5. Discussion of the charge brought against the President and the adoption of the decision in the
Parliament shall be impermissible during war, a state of emergency or martial law.

CHAPTER FOUR
The President of Georgia

Article 75

1. The President of Georgia shall enjoy personal immunity. While holding his/her position, his/her
detention or proceeding shall be impermissible.

CHAPTER FIVE
Judicial Power

Article 87

1. A judge shall enjoy personal immunity. Criminal proceeding of a judge, his/her arrest or detention, the search of his/her apartment, car, workplace or his/her person shall be permissible by the consent of the President of the Supreme Court of Georgia, except when he/she is caught flagrante delicto, which shall immediately be notified to the President of the Supreme Court of Georgia. Unless the President of the Supreme Court gives his/her consent to the arrest or detention, the arrested or
detained judge shall immediately be released.

CHAPTER FIVE
Judicial Power

Article 88

5. A member of the Constitutional Court shall enjoy personal immunity. A member of the Constitutional Court shall not be proceeded, arrested or detained, nor shall his/her apartment, car, workplace or his/her person be subject to search without the consent of the Constitutional Court, except when he/she is caught flagrante delicto, which shall immediately be notified to the Constitutional Court. Unless the Constitutional Court gives its consent to the arrest or detention, an arrested or detained member shall immediately be released.

CHAPTER FIVE
Judicial Power

Article 90

4. The President and the members of the Supreme Court of Georgia shall enjoy personal immunity.
Criminal proceeding of the President or a judge of the Supreme Court, their arrest or detention, the
search of their apartment, car, workplace or person shall be permissible only by the consent of the
Parliament, except when the President or a judge is caught flagrante delicto, which shall immediately
be notified to the Parliament. Unless the Parliament gives its consent, the arrested or detained shall
immediately be released.

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia


Article 5. Consultation with the International Court

The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:

d) violates domestic or diplomatic immunity.

Chapter IV
Request of the International Court


Article 13. Matters related to immunity

If the Court request is related to conduct of the criminal prosecution against persons who are granted immunity under Georgian legislation, the Responsible Agency notifies the appropriate state agency on the existence of the grounds for beginning criminal proceeding in relation to the given persons and facilitates the actions related to the immunity according to the Constitution and other legislative acts of Georgia.

Rome Statute

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.