State privileges and immunities

Guinea

Guinea - Constitution 2010 EN

TITLE IV: OF THE LEGISLATIVE POWER

Article 65
No member of the National Assembly may be prosecuted, investigated, arrested, detained or judged on the occasion of the opinions or the votes emitted by them in the exercise of the functions of Deputy.
No Deputy may, during the duration of the sessions, be prosecuted or arrested, in penal matters, without [qu’avec] the authorization of the National Assembly except in the case of flagrante delicto.
No Deputy may, outside of [the] sessions, be arrested or detained without [qu’avec] the authorization of the Bureau of the National Assembly, except in the case of flagrante delicto, of prosecution authorized by the National Assembly or of definitive conviction [condemation].
The preventive detention or the prosecution of a Deputy is suspended if the National Assembly requires it.

TITLE VII: OF THE JUDICIAL POWER
SUBTITLE I: OF THE SUPREME COURT

Article 115
Except in the case of flagrante delicto, the Magistrates of the Supreme Court may not be prosecuted, arrested, detained or judged in penal matters except with the prior authorization of the General Assembly of the Supreme Court. It attributes competence to the jurisdiction that it determines.

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.