Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the Special Tribunal for Lebanon:Article 22 Counsel and persons assisting counsel

Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the Special Tribunal for Lebanon

Article 22 Counsel and persons assisting counsel

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1.

Counsel shall enjoy the following privileges, immunities and facilities to the extent necessary for the free and independent exercise of their functions, subject to production of the certificate referred to in paragraph 2 of this article:

a)

immunity from personal arrest or detention or any other restriction of their liberty in respect of acts or convictions prior to their entry into the territory of the host State;

b)

immunity from seizure of their personal baggage;

c)

immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions;

d)

inviolability of all papers, documents in whatever form and materials relating to the performance of their functions;

e)

for the purposes of communications in pursuance of their functions as counsel, the right to receive and send papers and documents in whatever form;

f)

together with members of their family forming part of their household, exemption from immigration restrictions and alien registration;

g)

exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the host State; an inspection in such a case shall be conducted in the presence of the counsel concerned;

h)

the same privileges in respect of currency and exchange facilities as are accorded to representatives of foreign Governments on temporary official missions;

i)

the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention.

2.

Upon appointment of counsel in accordance with the Statute, the Rules of Procedure and Evidence, counsel shall be provided with a certificate by the Registrar for the period required for the performance of their functions. This certificate shall be withdrawn if the power or mandate is terminated prior to the expiry of the certificate.

3.

Where the incidence of any form of taxation depends upon residence, periods during which counsel are present in the host State for the discharge of their functions shall not be considered as periods of residence.

4.

Counsel who are nationals or permanent residents of the host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions before the Tribunal:

a)

immunity from personal arrest or detention or any other restriction of their liberty;

b)

immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the performance of their functions, which immunity shall continue to be accorded even after they have ceased to perform their functions;

c)

inviolability of all papers, documents in whatever form and materials relating to the performance of their functions;

d)

for the purpose of their communications with the Tribunal the right to receive and send papers in whatever form.

5.

Counsel shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions before the Tribunal.

6.

The provisions of this article shall apply, mutatis mutandis, to persons assisting counsel in accordance with the Rules of Procedure and Evidence.

7.

This article shall be without prejudice to such disciplinary rules as may be applicable to counsel.

Deze functie is alleen te gebruiken als je bent ingelogd.