Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the Special Tribunal for Lebanon:artikel 17

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

Article 17 Privileges, immunities and facilities of the judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office

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.

The judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office, together with members of their family forming part of their household who do not have Netherlands nationality or permanent residence status in the host State, shall enjoy the same privileges, immunities and facilities as are accorded by the host State to heads of diplomatic missions in conformity with the Vienna Convention. They shall, inter alia, enjoy:

a)

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

b)

immunity from criminal, civil and administrative jurisdiction;

c)

inviolability of all papers, documents in whatever form and materials;

d)

exemption from national service obligations;

e)

exemption from immigration restrictions and alien registration;

f)

exemption from taxation on salaries, emoluments and allowances paid in respect of the employment of the judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office with the Tribunal;

g)

the same facilities in respect of currency and exchange facilities as are accorded to diplomatic agents;

h)

the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic agents;

i)

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

j)

the right of unimpeded entry into, exit from or movement within the host State, as appropriate and for purposes of the Tribunal.

2.

Where the incidence of any form of taxation depends upon residence, periods during which the judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office are present in the host State for the discharge of their functions shall not be considered as periods of residence.

3.

The judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words which had been spoken or written and acts which had been performed by them in their official capacity.

4.

The host State shall not be obliged to exempt from income tax pensions or annuities paid to former judges, Prosecutors, Deputy Prosecutors, Registrars and Heads of the Defence Office and the members of their family forming part of their household.

5.

Without prejudice to paragraph 2 of this article, persons referred to in this article 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:

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 for the Tribunal, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Tribunal;

c)

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

d)

exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Tribunal;

e)

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

f)

the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State.

6.

Persons referred to in paragraph 6 of this article 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.

Deze functie is alleen te gebruiken als je bent ingelogd.