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Raymond Davis Case: Developing Story

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ashok321

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and what does it say on page 17-- article 41 & 42--

Vienna Convention on Consular Relations

-

Read--



and then read Article 42 for prosecution--



This is the last time i am spoon feeding you-- Chao
Its clear that no numerical or astersk sign attached to the reply which is simple NO

Number one is applicable for arrest which is clear cut - but for prosecution it says no, it can not be proscuted without any restrictions or attachments - there are no ryders.
 

ashok321

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and what does it say on page 17-- article 41 & 42--

Vienna Convention on Consular Relations

-

Read--



and then read Article 42 for prosecution--



This is the last time i am spoon feeding you-- Chao
Its clear that no numerical or astersk sign attached to the reply which is simple NO

Number one is applicable for arrest which is clear cut - but for prosecution it says no, it can not be proscuted without any restrictions or attachments - there are no ryders.

http://www.state.gov/documents/organization/20047.pdf
 

JonAsad

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Its clear that no numerical or astersk sign attached to the reply which is simple NO

Number one is applicable for arrest which is clear cut - but for prosecution it says no, it can not be proscuted without any restrictions or attachments - there are no ryders.

http://www.state.gov/documents/organization/20047.pdf
You do know what Vienna convention 1963 is? and what article 41 & 42 says? 42 specifically talks about prosecution? You are so naive to negate that--

The forum members are audience to your foolishness and childish stubborn negating the fact attitude--

Good Luck
 

ashok321

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You do know what Vienna convention 1963 is? and what article 41 & 42 says? 42 specifically talks about prosecution? You are so naive to negate that--

The forum members are audience to your foolishness and childish stubborn negating the fact attitude--

Good Luck
I am not talking about vienna convention, you are tweaking your original statement which denied my assertion - based on yr link - which says there can be no prosecution.

Period.

And GOP wont be able to prosecute RD!

I bet my horse my home.

Writing is on the wall!
 

P.kid

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Funny that if this were to happen in America and the person who shot the innocent people was Pakistani/Asian origin then what would happen? Doesnt take a genius to figure that out. :coffee:
 

VCheng

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So how may of those posting in so definitive a manner are actually qualified experts in international law and diplomacy, both overt and covert?

I am asking this to see what weight, if any, should be given to these endlessly circular posts?
 

xenia

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Its clear that no numerical or astersk sign attached to the reply which is simple NO

Number one is applicable for arrest which is clear cut - but for prosecution it says no, it can not be proscuted without any restrictions or attachments - there are no ryders.

http://www.state.gov/documents/organization/20047.pdf
Article 41
Personal inviolability of consular officers
1.Consular officers shall not be liable to arrest or detention pending trial, except in the case of a
grave crime and pursuant to a decision by the competent judicial authority
i guess even this statemnt is enough to negate his diplomatic immunity...the crime is grave ofcourse n the judicial authoruty is competive as per country standards

one thing, i assumed hez from diplomatic staff n thats actually not the case..if in such a situation immunity is given, the host country eclares the person "persona non grata" n thats somehow the end of a good career coz dont expect any good post once u r declred so..no "respected" country accepts such staff

secondly hez a worker of embassy in simple words..the diplomats n sounsellors are only "career civil service official", not hired by private agencies!
 

ashok321

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Under the 1961 Vienna Convention, foreign officials, their spouses, children and staff are protected from prosecution in their host country. As a result, embassy staff accused of serious offences can be charged only if their government agrees to waive their diplomatic immunity.

Here is more for the record....
 

ashok321

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Diplomatic Immunity
The Guidance must be followed in all cases where

(a) a person has diplomatic immunity

(b) claims to have diplomatic immunity

(c) is believed to have diplomatic immunity

In all such cases as (a), (b) or (c) above the police officer will submit a report to the DPG, and a copy is forwarded to the Protocol Directorate at the FCO.

The FCO will advise if the offender has diplomatic immunity.

Minor offences, e.g. motoring offences, will not usually be referred to the CPS. It is usually sufficient for a copy of the police report to be sent to the FCO. The Deputy Director, Protocol, will write to the Deputy Head of Mission ("DHM") at the foreign Mission concerned, and ask the DHM to remind his staff of the need to respect UK laws.

In more serious cases, and if the FCO thinks that the case is one that merits seeking a waiver of immunity, the DPG will submit the full facts to the FCO and the Chief Crown Prosecutor (CCP) of the appropriate CPS Area. A serious case is defined under the FCO guidance as "an offence that might carry a custodial sentence of over 12 months".

The CCP will review the case in accordance with the Code for Crown Prosecutors. He/she will advise both the DPG and FCO as to whether the criteria for prosecution are satisfied.

If the criteria are satisfied, the FCO, after consultation with the CCP will decide which of the following courses of action will be pursued:

warning the Head of Mission that the alleged offender must mend his ways;
requesting the withdrawal of the alleged offender from this country;
asking that the Head of Mission waive immunity so that a prosecution can proceed.
If the case does not satisfy criteria for prosecution the FCO may still decide that it is undesirable for the alleged offender to continue his duties in the UK.
 

ali786

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Funny that if this were to happen in America and the person who shot the innocent people was Pakistani/Asian origin then what would happen? Doesnt take a genius to figure that out. :coffee:
The blood of muslims is cheap nowerdays........
 

rubyjackass

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i guess even this statemnt is enough to negate his diplomatic immunity...the crime is grave ofcourse n the judicial authoruty is competive as per country standards

one thing, i assumed hez from diplomatic staff n thats actually not the case..if in such a situation immunity is given, the host country eclares the person "persona non grata" n thats somehow the end of a good career coz dont expect any good post once u r declred so..no "respected" country accepts such staff

secondly hez a worker of embassy in simple words..the diplomats n sounsellors are only "career civil service official", not hired by private agencies!
Vienna convention is a collection of bare minimum immunities and grants to be received by diplomats and consular staff as agreed by the signatories. Most countries had bilateral agreements regarding these provisions even before Vienna convention. These were guided by earlier conventions and generally agreed principles.
 

Vassnti

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it now transpires, as was reported by the Express Tribune, that the two motorcycle borne men who were killed were ISI agents
So "Davis" crossed the red line, the ISI descided to remove him and the American was faster?

Three Americans in the other car are on exit control despite the fact that the driver was a Pakistani, what people are being arested for the crime of being American?

The grieving wife that was recovering in hospital is dead two hours later?

Sorry some thing stinks about this whole incident.
 

ashok321

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Here are some ramifications for Pakistan:

The fact of the matter is that Raymond Davis is, by the reckoning of most neutral observers, a ‘diplomat’ for the purposes of Article 38 of the Vienna Convention and hence entitled to diplomatic immunity. No court needs to decide that, only the Foreign Office does, because his status is a question, not of law, but of fact, and by refusing to do so the FO has landed the government in a far greater mess than it would have been in had it alluded to international law and said that, given the circumstances, it was helpless.

Our politicos, too, would have had to lump it. Because what is likely to happen is that either the US shuts shop and stops dealing with Pakistan or, alternatively, informs Pakistan that the immunity of its diplomats in the US will be withdrawn. Of course, for good measure, it can stop issuing visas for the 1,800 or so diplomatic and official Pakistani passport holders who travel to the US annually.
 

DESERT FIGHTER

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B.S the men were not ISI agents!

Why would they follow him with local made third class pistols with only 4 or 5 bullets?N work as shopkeepers!
Stop with the conspiracies!.......
 
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