“[…] the SCA continues to be of the view that it would be preferable for immunity provisions to be included in the Law. Further, the SCA is of the view that such immunity should extend to former Commissioners of the CONADEH.

The SCA notes that external parties may seek to influence the operation of an NHRI by initiating, or threatening to initiate, legal proceedings against a member. For this reason, NHRI legislation should include provisions to protect members from legal liability for acts undertaken in good faith in their official capacity.

The SCA recognizes that no office holder should be beyond the reach of the law and thus, in certain circumstances, such as corruption, it may be necessary to lift immunity. However, the authority to do so should not be exercised by an individual, but rather by an appropriately constituted body such as the superior court or a special majority of parliament. It is recommended that the law clearly establishes the grounds, and a clear and transparent process by which the functional immunity of the decision- making body may be lifted.”