'State privileges and immunities' in document 'Kyrgyzstan - Criminal Procedure Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION I. GENERAL PROVISIONS

CHAPTER 1. MAJOR PROVISIONS

Article 3. Limits for Application of the Criminal Procedure law

(5) In respect to persons enjoying the right of diplomatic immunity herein provided proceedings may be applied only at the request or with the consent of such persons. Such consent shall be requested through the Ministry of Foreign Affairs of the Kyrgyz Republic.

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.