Raymond Davis Case: Developing Story

[JonAsad]

Pakistani Diplomat to Nepal was caught with 16 KG of RDX.. but that did not prevent Pakistan from claiming diplomatic immunity for him, so why the hypocrisy?

He had full diplomatic immunity-- so he was rightly deported--
Raymond Davis does not have full immunity-- he will be prosecuted--

 

[Siddiqui A]

No¹-

There is no such numeric citation when it says clean cut NO in the second category (technical n adminstrative) - when it comes to prosecution - it says clean cut NO - see for yourself!

You are becoming tamasha here.....

Prosecution column is free from citation dude...

freakin INDIAN go find sumthing better to do...poke ur nose in ur own A**....bullshitteer

 

[rubyjackass]

Of course David have immunity-- but as a member of technical and administrative staff-- he is not immune to murder-- thats a fact-- US cannot fake papers which will negate Vienna convention--giving him full immunity-- sorry cant happen--


Pakistan foreign office grants immunity-- if US does fake it-- the matter will go to court again-- in the end Pakistani court has the final say in this fiasco--

and the threatening behavior USA has resort to -- further proves his non immune status--

2.Members of the administrative and technical staff of the mission, together with members of
their families forming part of their respective households, shall, if they are not nationals of or
12
permanently resident in the receiving State, enjoy the privileges and immunities specified in articles 29
to 35,

It seems he will have immunity even as administrative and technical staff if he is diplomatic staff and not part of consular staff. But that I believe is upto the agreement between the states and not necessarily the on paper definition of consul and diplomatic agent.

 

[JonAsad]

No. Diplomatic immunity is attached to the person, not his function. Nobody will deny that Davis has diplomatic immunity, therefore under the 1961 Convention he can't be legally held by the police or imprisoned.

You should look it under the 1963 convention-- you will learn that his imprisonment is legal and justified.
The level of immunity apply to his function-- not person--

I wonder what the penalty is in Pakistani law for unlawful imprisonment? That Lahore judge, Chaudhry, is an obvious candidate for impeachment, attainder, or however one removes obviously wrong-in-the-law judges in Pakistan. Can he and the irresponsible officers obeying him be prosecuted as well?

every thing is done legally- so no penalty to Chaudhry et al.

 

[VelocuR]

My sincer advice to Glorious Resolve. Please use Ignore list.

Wait for court order, that's it.

 

[ares]

...................

 

[ares]

and i wasnt standing in line, calling for him to be released

It is easy to say that now since he was sent back to pakistan without being prosecuted...but at least use the same yardstick to measure similar actions.

in all honesty, i have little info about that case. Pakistanis claim that the explosives were planted by indian who wanted to disturb the relations. Wouldnt surprise me, but again, all speculation.

being in possesion of such things would be 'troubling' but no actual crime involving those materials took place by Pakistani officials; whereas in this case, a chain of events led to 3 dead Pakistanis at the hands of 'guests' who are forbidden to carry arms (fake registered cars, etc.)

hit and run is also a felony, incidentally...especially when it involves vehicular manslaughter

The actually crime did take place, IC-814 ..because it is said Arshad Cheema is said to have met the hijackers at Tribhuvan airport and supplied the explosives..but nothing could proved against as the said defendant enjoyed diplomatic immunity and was not prosecuted.

Incidentally same will be the case if Pakistani govt grants Raymond Davis has claimed immunity , there will no way to prove if his actions were in self defence or were part conspiracy to murder.

 

[JonAsad]

It seems he will have immunity even as administrative and technical staff if he is diplomatic staff and not part of consular staff.

and what about 1963 Vienna convention article 41?

 

[JonAsad]

One more:

Legal Aspects of Diplomatic Immunity and Privileges

And thats your given table again without mincing words bablu...

Yes the table is there-- so what?

 

[rubyjackass]

I believe is upto the agreement between the states and not necessarily the on paper definition of consul and diplomatic agent.

Edit:

Besides if you see the table given. At the bottom, tagged to Consular Employees for May be arrested or detained is this clause.

2This table presents general rules. Particularly in the cases indicated, the employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements.

 

[EagleEyes]

^ I think it largely has to do with the bossy attitude instead of friendly suggestions/requests.

 

[ashok321]

Yes the table is there-- so what?

Thats where it says in the second last column:

May be prosecuted....

And beneath it says no....

 

[ashok321]

Yes the table is there-- so what?

Thats where it says in the second last column:

May be prosecuted....

And beneath it says no....

 

[JonAsad]

Thats where it says in the second last column:

May be prosecuted....

And beneath it says no....

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

Vienna Convention on Consular Relations- 1963

-

Read--

Article 41
Personal inviolability of consular of icers
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.
2. Except in the case specified in paragraph 1 of this article, consular officers shall not be
committed to prison or be liable to any other form of restriction on their personal freedom save in
execution of a judicial decision of final effect.
3. If criminal proceedings are instituted against a consular officer, he must appear before the
competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by
reason of his official position and, except in the case specified in paragraph 1 of this article, in a manner
which will hamper the exercise of consular functions as little as possible. When, in the circumstances
mentioned in paragraph 1 of this article, it has become necessary to detain a consular officer, the
proceedings against him shall be instituted with the minimum of delay

and then read Article 42 for prosecution--

Article 42
Notification of arrest, detention or prosecution
In the event of the arrest or detention, pending trial, of a member of the consular staff, or of
criminal proceedings being instituted against him, the receiving State shall promptly notify the head of
the consular post. Should the latter be himself the object of any such measure, the receiving State shall
notify the sending State through the diplomatic channe

This is the last time i am spoon feeding you-- Chao

 

[xenia]

And how much are you willing to pay in taxes to make up for lost U.S. aid and international loans?

thats the usual pathetic american attitude!!
"poor" americans living in US shouldnt have access to justice by ur logic..

besides that now US deserves some face-saving..after all dint we close the supply lines?