CPT: 14TH GENERAL REPORT
35
Annex to the Agreement: Privileges and Immunities
1.
For the purpose of this annex, references to members of the Committee shall be deemed to include references
to experts mentioned in Articles 3, paragraph 2, and 8 of the present Agreement.
2.
The members of the Committee shall, while exercising their functions and during journeys made in the
exercise of their functions, enjoy the following privileges and immunities:
(a)
Immunity from personal arrest or detention and from seizure of their personal baggage and, in respect of words
spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;
(b)
Exemption from any restrictions on their freedom of movement in Kosovo and on entry into and exit from
Kosovo and from related registration requirements in Kosovo.
3.
In the course of journeys undertaken in the exercise of their functions, the members of the Committee shall, in
the matter of customs and exchange control, be accorded by UNMIK the same facilities as those accorded to
representatives of foreign Governments on temporary official duty in Kosovo.
4.
Documents and papers of the Committee, in so far as they relate to the business of the Committee, shall be
inviolable. The official correspondence and other official communications of the Committee may not be held up or
subjected to censorship.
5.
In order to secure for the members of the Committee complete freedom of speech and complete independence
in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done
by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no
longer engaged in the discharge of such duties.
6.
Privileges and immunities are accorded to the members of the Committee, not for the personal benefit of the
individuals themselves but in order to safeguard the independent exercise of their functions. The Committee alone shall
be competent to waive the immunity of its members; it has not only the right, but is under a duty, to waive the immunity
of one of its members in any case where, in its opinion, the immunity would impede the course of justice, and where it
can be waived without prejudice to the purpose for which the immunity is accorded.
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