ISLAMABAD: The Foreign Ministry has concluded that Raymond Davis, the American killer of two Pakistanis, is a non-diplomatic staff member of the US Consulate, who was given a certain level of immunity but not absolute immunity, it is learnt.
A reliable source in the Foreign Office confided to The News that official documents have proved that the American killer is not an accredited US diplomat but is a “non-diplomatic staff” of the US embassy.
The source said despite being a non-diplomatic staff, Davis was notified in January 2010 to have been enjoying diplomatic immunity, explained that the immunity offered to Davis is not absolute. The absolute immunity, it is said, is offered to only a few key members of the mission.
Davis, who is presently being probed by Punjab police following a remand given by the Lahore district court, was in possession of a diplomatic passport with a “business official” visa. He told police that he is serving as technical advisor in the US embassy.
The Foreign Office sources clearly say that there is a lot of difference between absolute immunity and the limited-one that is given to non-diplomatic staff like Raymond Davis.
Absolute immunity under the Geneva Convention, these sources said, is offered to selected members of any foreign mission. The limited-diplomatic immunity is given to otherwise non-entitled members of the mission but on the request of the sending country.
To a question if a non-diplomatic staff given limited-diplomatic immunity can be treated like those diplomats who under the Geneva Convention enjoy absolute immunity, the Foreign Office source gave an unambiguous “No”.
The source said the Foreign Office, which is preparing a reply for the Lahore High Court on the matter, is presently pondering over the technical issue of whether the limited-diplomatic immunity covers the kind of killing done by Raymond Davis, who was carrying illicit weapon, used excessive and disproportionate use of force, boarding a vehicle with fake registration number and possessing objectionable material.
The Foreign Office’s thinking is truly reflected by two former Foreign Secretaries Riaz Khokhar and Akram Zaki. Riaz Khokhar recently told The News, “No diplomat or non-diplomatic staffer claiming immunity can carry in his car telescope, binocular, maps, masks and such like things and then kill two young men at will. What is the purpose of having all these instruments and tools?”
Diplomatic immunity, according to Khokhar, carries certain rights as well as obligations. It is mandatory for such a recipient to strictly obey the law, rules and regulations of a country of his posting, he said and added that it would be a gross stupidity of the government, if it agrees to provide immunity to Davis by manipulating and bending the law.
Khokhar said merely carrying a diplomatic passport brings no immunity whatsoever to any crime. A diplomatic passport is just a facility, he said, adding that the list of diplomats given protection is prepared by the Foreign Office and the embassy concerned, and there could be no deviation from it.
He explained that the government had issued diplomatic passports to a large number of people including family members of the prime minister, but this did not mean they could commit crimes in a foreign land and then claim immunity which cannot be available to them in any case, he said.
Akram Zaki had explained to The News that immunity available to the non-diplomatic staffers, which was called functional, was restricted to non-interference in the performance of their duties. Like for example, an MP can’t be arrested when he is going to parliament, but can be apprehended if he has committed an offence otherwise but he has no exemption from the offence that he has committed. There are two types of immunities – absolute and functional.
Certainly, according to Zaki, if such a non-diplomatic staffer murders someone, he is not performing his duty because such an act cannot be included in his functions. That is why, he was quoted by The News as saying, such accused had to be arrested and tried for the heinous crime under the law of the land.
Via The News
