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Raymond Davis Case: Developing Story

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The dispatch (from the US embassy) further stated that although not all embassy and consulate staffers in Pakistan have the diplomatic status, it cannot be concluded that this annuls the diplomatic immunities under the Vienna Convention of Diplomatic Relations. (My Note: See, the same argument, no diplomatic status but immunity applies anyway according to them)

The US government further demanded Pakistan to clarify the situation and to not leave the resolution of the issue on the courts.

The US government emphasised that if Raymond Davis’ diplomatic status cannot be established then the issue should be resolved bilaterally. — DawnNews

Raymond Davis? diplomatic status ‘dubious’: govt sources | DAWN.COM | Latest news, Breaking news, Pakistan News, World news, business, sport and multimedia

They are desperate to not let it go to court
 
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The dispatch (from the US embassy) further stated that although not all embassy and consulate staffers in Pakistan have the diplomatic status, it cannot be concluded that this annuls the diplomatic immunities under the Vienna Convention of Diplomatic Relations.

The US government further demanded Pakistan to clarify the situation and to not leave the resolution of the issue on the courts.

The US government emphasised that if Raymond Davis’ diplomatic status cannot be established then the issue should be resolved bilaterally. — DawnNews


I think the most important point is that diplomat status and immunity in this case is established by the receiving state, in this case GOP, not the USG. As a diplomatic card was not issued to Davis by the FO, and that the Pakistani FO does not grant diplomatic status to consulate staffers, as well as Technical and Administrative Staff to the embassy; there is no way Davis can be treated as a diplomat or has immunity in Pakistan. The US clearly knew this before sending him on his assignment to Pakistan. If he had not been in Mozang Chungi (a shady part of Lahore) involved in suspicious activities, he wouldn't have had to seen this day today.
 
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How interesting.

Not only Raymond Davis (Steven), other agents need to be caught. 'Robbers' should do similar to spoil it.
 
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Asim: What is the likelihood is that Davis will be determined to be covered by diplomatic immunity and thus not be put on trial? I would say pretty high he will be let go.

Why do I think that? Becasue Pakistan (government, military, economy) cannot bear the inevitable consequences if they don't let him go. Who needs a Pyrrhic victory?
 
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Asim: What is the likelihood is that Davis will be determined to be covered by diplomatic immunity and thus not be put on trial? I would say pretty high he will be let go.

Why do I think that? Becasue Pakistan (government, military, economy) cannot bear the inevitable consequences if they don't let him go. Who needs a Pyrrhic victory?

He would be freed that is one thing. The reality cant be changed that is another thing.


We would not like to stir the situation mmm that is also one thing. what will be consequences if we put him to trial ???

Opinion about that slightly differs from nationality to nationality of the posters.


So what in your opinion Consequences could be???
 
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He would be freed that is one thing. The reality cant be changed that is another thing.


We would not like to stir the situation mmm that is also one thing. what will be consequences if we put him to trial ???

Opinion about that slightly differs from nationality to nationality of the posters.


So what in your opinion Consequences could be???

Americans would start wondering how are we giving billions of dollars to Pakistan, the nation who does not respect the international law.

THose K-L funds would stop!

Davis imprisoned or 7.5 billions?
What is good for GOP?
 
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Asim: What is the likelihood is that Davis will be determined to be covered by diplomatic immunity and thus not be put on trial? I would say pretty high he will be let go.

Why do I think that? Becasue Pakistan (government, military, economy) cannot bear the inevitable consequences if they don't let him go. Who needs a Pyrrhic victory?
Even if immunity is proven, I wish the case goes to court, his guilt or innocence is determined and then he should be let go (whether guilty or not).

Fundamentally that will put the ball in the USG court whether or not they want to waiver his immunity now that he has gone on trial and his guilt has been proven.
 
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Even if immunity is proven


If that (above) happens, there can not be any trial - unless n otherwise GOP has doggedly determined to trample the Vienna convention and in the process loose its reputation (if any) in the comity of nations.......not to mention the USD piles it gets yearly from Uncle Sam.
 
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If that (above) happens, there can not be any trial - unless n otherwise GOP has doggedly determined to trample the Vienna convention and in the process loose its reputation (if any) in the comity of nations.......not to mention the USD piles it gets yearly from Uncle Sam.
US won't stop the aid, it gives aid for its own benefit... How will he control Zardari n all?

If it does, the party's on me.

Anyway... I think it can still be argued that the immunity is not from prosecution, only sentencing.
 
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Americans would start wondering how are we giving billions of dollars to Pakistan, the nation who does not respect the international law.

THose K-L funds would stop!

Davis imprisoned or 7.5 billions?
What is good for GOP?
This is what the court is trying to determine whether the International law is applicable here or not until then it would be futile to point fingers at Pakistan for breaching Internal norms of Diplomacy. So far nothing substantial has been established by the Americans which could ferret out the truth about Raymond's entitlement for diplomatic immunity.
 
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Americans would start wondering how are we giving billions of dollars to Pakistan, the nation who does not respect the international law.

THose K-L funds would stop!

Davis imprisoned or 7.5 billions?
What is good for GOP?

1. we had been hearing this aid shaid drama for long so they should stop it that is not a big consequence for us (the general Pakistani+Army too because just yesterday the army had not received a PENNY Yet under CSF)


2. International Law? Which international law? he is non-diplomat running a private spy Co.

3. He has been using banned bullet. banned according to same International Law.


4. America a country that has been violating all International Human rights laws . does Gitmo ring a bell?


So these points are lame.
 
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Investigators see Davis act as excessive, disproportionate

Updated at 1535 PST Friday, February 04, 2011



LAHORE: Police investigators into the double murder case of American killer Raymond Davis have submitted their initial report to the Punjab government, Geo News reported on Friday.

The government sources informed Geo News that investigators did not find the US killer’s claim of self-defence convincing.

Instead, the investigators see his act as an excessive and disproportionate use of force, which is not covered in the definition of self-defence as per the law of the land.

It also added that the US Consulate is mum over the driver and the vehicle that crushed Amadur Rehman.

Investigators see Davis act as excessive, disproportionate


P.S. Pakistani Police is incompetent, Americans can't trust their investigations,as they were not able to stop the Murder of Salman Taseer, and as they are not able to stop terrorists attack most of the times, so Mr Davis made their work easy and killed some scum bags, Mr.Davis Is still innocent, He killed two robbers, who tried to Rob him, He has a diplomatic immunity, He can do what ever he wants under diplomatic umbrella :).

Just trying to make American Eagle life easy, so that he dont have to repeat things again after reading this thing :)
 
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Anyway... I think it can still be argued that the immunity is not from prosecution, only sentencing.


Pakistani diplomat in Spain was caught with heroin in 1975, but he was let off without being prosecuted.

It is not if its the same goose or gender sauce, but clearly laid out terms in the convention.
 
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How can you not read the words "except from civil and administrative jurisdiction of the receiving state"

That means he gets no immunity.


did your Interior Minister Rehman Malik not stand up in front of your national assembly as this article says and say what is quoted?

Malik clears the air on Davis? immunity – The Express Tribune

Malik clears the air on Davis’ immunity
By Irfan Ghauri / Rana Tanveer
Published: February 3, 2011


rehmanmalik_app543.jpg



ISLAMABAD/LAHORE:The government has corroborated the stance of US authorities on the status of Lahore double shooting accused Raymond Davis as a diplomat. Supplementing a statement the US embassy released three days after the incident, Interior Minister Rehman Malik told members of the Senate on Wednesday that Davis does hold a diplomatic passport and visa.

“Raymond Davis holds a diplomatic passport … he travelled to Pakistan on a diplomatic visa given [to him] after clearance by security agencies of the country. Pakistan is a signatory of certain international protocols (on diplomatic immunity), which we cannot violate,” Malik said. He also claimed that he personally holds Davis’ file, which contains all his records.


However, he said, following the court’s instruction, Davis’ name had been added to the Exit Control List (ECL) and he cannot leave Pakistan. Reiterating the Pakistan Peoples Party’s (PPP) stance, he said that Davis will be treated in accordance with the law of the land and courts will decide his fate.

He said that central and provincial governments will not hinder court proceedings. “We will follow whatever the court has said and will provide all information regarding the case,” Malik said.

However, he said open debate on such a sensitive issue will be inappropriate as it might influence the Punjab police’s investigations. He said findings will be shared with the house as an investigation report comes from Punjab.

Witness statements recorded

Meanwhile, following orders of the Lahore High Court (LHC), the city police recorded the statements of all four witnesses in the double murder case.

LHC Chief Justice Ijaz Ahmad Chaudhry had passed the order while disposing of a writ petition challenging investigations against Davis and accusing police of favouring the accused and not recording statements of witnesses, a mandatory requirement under section 161 of the Criminal Procedure Code (CrPC).

Imran Haider, brother of Faizan Haider who was gunned down by Davis, has filed the petition. He said that after registering a FIR on his complaint, the police did not record his statement or those of other witnesses “to favour the accused”.

Haider had also submitted that the case requires a high-profile investigation team, comprising upright and reputable police officers.

The deceased’ family members held a press conference and announced that they will hold a protest rally that will begin from the scene of the incident and culminate at the US consulate in Lahore.

In a related case, Justice Chaudhry directed a petitioner to approach the relevant district and sessions court that will hold Davis’ trial for a request to insert provisions from the Anti-Terrorism Act (ATA) in the FIR registered against Davis. The petition was then disposed of.

Petitioner Advocate Rana Ilamudin Ghazi had sought an order that police insert provisions from the ATA and that Davis must be tried by a special anti-terrorism court.

Meanwhile, a petition filed before the LHC sought directives to the federal interior and foreign secretaries to disclose the nature of Davis’ visa and information about all foreigners operating in Punjab.

Petitioner Advocate Noshab A Khan prayed to the court to direct both the federal secretaries to supply all necessary information to the Punjab interior secretary about foreigners in the province, their whereabouts, movements and the nature of their duties.

Arrest put on record

Lytton Road police has put Davis’ arrest on record in the second FIR registered against him under charges of carrying an illegal pistol, police sources said.

The police registered a second FIR against him on January 29 but did not put his arrest on record. An investigation officer also said that his arrest was delayed for different reasons. “Firstly, his remand in the murder case lapses today, when he is due to appear before the court. We wanted him to appear before both the courts in one visit, owing to security reasons. Secondly, we were waiting for proof of legality of the weapon, which the US consulate hasn’t provided,” he said.

According to investigators, there is proof that Davis did not reside in the American consulate but in a rented building in Lahore Cantonment, with some other foreigners.

Meanwhile, Carmela Conroy, principal officer of the US consulate in Lahore, and her delegation met Davis in police custody.

The investigation team met Lahore Police Chief Aslam Tareen and discussed possibilities to identify the vehicle that reached to rescue Davis but fled after crushing a man.
 
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