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Royal Decree

Royal Decree 3/2014 Defining the Concept of Immunity and the Scope of Its Application

2014/3 3/2014

Arabic

We, Qaboos bin Said, the Sultan of Oman

after perusal of the Basic Statute of the State promulgated by Royal Decree 101/96,

and in pursuanceof  public interest,

have decreed as follows

Article I

Immunity prescribed by the legislator for certain state employees and elected or appointed members of councils means a set of guarantees and privileges prescribed to them by virtue of their status, not of their person, for the purpose of enabling them to carry out the duties of their positions or to perform the public service entrusted to them. It is not a personal privilege intended to exempt them from responsibility without justification.

Article  II

The scope of the immunity prescribed to the categories referred to in article I of this decree is limited to the statements and actions made by them due to or in connection with their competences, and within the limits prescribed to them geographically, temporally, and occupationally.

Article  III

An employee or an elected or appointed member of a council shall not abuse the immunity prescribed to him by virtue of his status. He also shall not exploit it for purposes other than those prescribed for it.

In the event of a violation of the foregoing, the entity or council to which the employee or member belongs shall comply with the request of the Public Prosecution regarding the lifting of his immunity and shall grant permission to initiate the public lawsuit and to take criminal investigation procedures culminating in his exoneration or the preparation of a trial against him.

Article IV

This decree shall be published in the Official Gazette, and comes into force on the day following the date of its publication.

Issued  on: 7 Rabi Al-Awwal 1435
Corresponding to: 9 January 2014   

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1042 issued on 12 January 2014.