'State privileges and immunities' in document 'Timor Leste - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III
ORGANISATION OF POLITICAL POWER

TITLE II
PRESIDENT OF THE REPUBLIC

CHAPTER I
STATUS, ELECTION AND APPOINTMENT

Section 79 (Criminal liability and Constitutional Obligations)

1. The President of the Republic shall enjoy immunity in the exercise of his or her functions.

2. The President of the Republic shall be answerable before the Supreme Court of Justice for crimes committed in the exercise of his or her functions and for clear and serious violation of his or her constitutional obligations.

RELEVANT ROME STATUTE PROVISIONS

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.