Immunity - national proceedings

Mauritius

Mauritius - Constitution 1968 (2016) EN

''CHAPTER IV. THE PRESIDENT AND THE VICE-PRESIDENT OF THE REPUBLIC OF MAURITIUS, 30A. Privileges and immunities''

1. Subject to section 64(5), no civil or criminal proceedings shall lie against the President or the Vice-President in respect of the performance by him of the functions of his office or in respect of any act done or purported to be done by him in the performance of those functions.

2.Subject to section 64(5), no process, warrant or summons shall be issued or executed against the President or the Vice-President during his term of office.

Mauritius - ICC Act 2011 EN

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

6. Official capacity and superior’s orders

(1) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for a person convicted of an offence under that section, to plead that he is or was Head of State, a member of a Government or Parliament, an elected representative or a government official of a foreign State

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.