State privileges and immunities

Georgia

Georgia - Constitution 1995 (2013) EN

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.

2. The state shall ensure the security of a judge and his/her family.

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.

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.