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Raymond Davis Case: Developing Story

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'Raymond Davis does not have blanket immunity'

Foreign-Minister-Shah-Mehmood-Qureshi-AFP-640x480.jpg


ISLAMABAD:
Former foreign minister Shah Mehmood Qureshi said on Wednesday that Raymond Davis, the US consular employee accused of shooting dead two Pakistanis in Lahore, does not enjoy blanket immunity.

Qureshi was recently dropped out of the newly appointed cabinet “over his divergent opinion on the Raymond Davis issue”. His vocal stance has invited scathing criticism from colleagues in the party.

Addressing a press conference in Islamabad after his meeting with US Senator John Kerry, Qureshi said his stand is principled and not personal. “I will support truth and justice,” he said emphasising that he understands the importance of US-Pak relations.

He said he stands by his words, adding that the dignity and self respect of the nation comes foremost.

Qureshi refuted allegations made against him in the past few days. Responding to allegations of being sympathetic to former president Pervez Musharraf, he said”I was a part of a Pakistan Peoples Party (PPP), I am part of PPP and my relation with the PPP will continue because I believe in the principles of Shaheed Zulfiqar Ali Bhutto and the sacrifice of Benazir Bhutto.”

Earlier, media reports had quoted a Pakistani official as saying that Davis has diplomatic immunity and the case for this would be presented in court. Requesting anonymity, the official said, “We will present all relevant laws and rules about immunity before the court and will plead that prima facie it is a case of diplomatic immunity. But it is for the court to decide.”

The row over the case of Raymond Davis shot dead two men in Lahore in what he said was a move in self-defence, has strained relations between the two allies. While the US insists Davis has diplomatic immunity and should be released under the Vienna Conventions, Pakistan has so far refused to come under US pressure saying that the matter is sub judice and the law should be allowed to take its course. Police investigations and the subsequent charge-sheet submitted to the court by the police however says Davis was not acting in self-defence and that the shooting was intentional murder.

‘Raymond Davis does not have blanket immunity’ – The Express Tribune
 
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Pakistan says U.S. prisoner Davis has immunity
By Chris Allbritton – 1 hr 16 mins ago
LAHORE, Pakistan (Reuters) – An American jailed for shooting two Pakistanis is shielded by diplomatic immunity, a Pakistani official said Wednesday, a move that might help end a bruising row between the troubled allies.
A local court, however, must decide the fate of Raymond Davis, the U.S. consulate employee who shot and killed two Pakistani men in the city of Lahore last month in what he said was a robbery attempt.
"We will present all relevant laws and rules about immunity before the court and will plead that prima facie it is a case of diplomatic immunity. But it is for the court to decide," a senior Pakistani government official said on condition of anonymity.
The row over the U.S. national is the latest issue straining ties between two nations that are supposed to be working to stamp out a tenacious Islamist insurgency that has fueled attacks against U.S. soldiers in neighboring Afghanistan.
Washington has insisted Davis, whose role at the U.S. consulate in Lahore is unclear, should be released immediately.
Tuesday, President Barack Obama said the United States was working with the Pakistani government to secure the release of the former U.S. special forces soldier.
Up to now the Pakistani government, fearful of a backlash from Pakistanis already wary of the United States and enraged by the shooting on a crowded street, had said only that the matter should be decided in court.
The United States is expected to present a petition to a Lahore court Thursday to certify that Davis has diplomatic immunity and should be released.
Yet freeing Davis could be risky for the unpopular Pakistani government which is already struggling with a stagnant economy, growing public discontent over rampant corruption, poverty and power cuts.
ANTI-U.S. SENTIMENT RUNS DEEP
The issue has become a lightning rod for anti-American sentiment in Pakistan, which the United States counts as an important, if unreliable, ally in its war against militancy.
Pakistan's al Qaeda-linked Taliban warned the government on Tuesday it would punish any move to release Davis and hundreds of Pakistanis have held rallies demanding he remain in jail.
Imdad Sabir, a school teacher in Lahore, said Pakistan's integrity was at stake.
"If our rulers give him to the United States, Pakistan will come out onto the streets and protest as people did in Egypt," he said, referring to the mass demonstrations that forced President Hosni Mubarak out of power earlier this month.
Mohammad Farid, a waiter at a tea stall just a few meters from where Davis shot the two men, said Davis should be held accountable under Pakistani law.
"The people will get angry and some will stage violent protests if he is released," Farid said. "People's sentiments are quite high at the moment."
Obama sent Senator John Kerry, chair of the Senate Foreign Relations Committee and member of the Democratic Party, to meet Pakistani officials Wednesday to try to resolve the crisis.
Pakistan's Dawn newspaper said the government will inform the Lahore High Court that Davis' status as a member of the consulate's administrative and technical staff made him eligible for diplomatic immunity.
But analysts say the immunity argument may not sit easily with many Pakistanis.
"The question is, whatever happens, will the government be able to sell it to the public and the family of the victims. Right now it's a very emotional issue," said Rifaat Hussain, a professor at Quaid-e-Azam University in Islamabad.
Ties between the United States and Pakistan are already strained by U.S. unmanned drone strikes in the Pakistani northwest on the Afghan border that Pakistanis see as a violation of their sovereignty.
(Additional reporting by Augustine Anthony; Writing by Michael Georgy; Editing by Missy Ryan and Miral Fahmy)
 
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It can, if he goes to court and says he got kicked out just to fabricate the documents.

It can if he goes to court and says when he left, the Foreign Ministry did not have the immunity documents

Of course. Let's see how he decides to proceed, if he does at all. Everybody, including those making statements such as these under grievance, needs due process.
 
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Qureshi could spill the beans in LHC

By Tariq Butt
ISLAMABAD: Former Foreign Minister Shah Mehmood Qureshi will run into further trouble in the Pakistan People's Party (PPP) if he appeared before the Lahore High Court (LHC) on being summoned and told it that Raymond Davis couldn't be given diplomatic immunity as he was not a diplomat as per the foreign office record.

Senior PPP sources say Qureshi's position in the party has been severely dented and as the situation develops he is unlikely to fully rehabilitate himself, enjoying its absolute confidence.

His declaration, personally or through his lawyer, before the LHC after being called, if a petition filed on Tuesday is accepted, will prove to be the last straw that will break the camel's back, one PPP leader commented to The News.

However, those knowing Qureshi have no doubt that he would not deviate before the LHC froam his stance that he has taken publicly on Davis's immunity because he has based it on the record of the foreign ministry and the advice given to him by its top mandarins.

A PPP source said that the demonstrations being staged in Multan, condemning Qureshi's ouster, were not being received well by the co-chairman, President Asif Ali Zardari. He did not agree that these were spontaneous and reflected the anger of his followers that the former foreign minister has in his area.

He said that such protests were inconsequential because they would not change the ground situation. Rather these are spawning bitterness in the party against him, he said.

While Qureshi's woes are raging in the PPP, his old party, Pakistan Muslim League-N will be more than happy to welcome him as he, in the words of one of its senior leaders, left it without damaging, slandering or defaming it publicly. "He never created any controversy or made his exit from the PML-N an issue. He departed us quietly after lodging his protest."

The PML-N leader said that the party would take care of the reservations, if any, to be expressed by its senior stalwart Javed Hashmi should Qureshi decide to re-join it. It is no secret that the PML-N high command is unhappy with Hashmi's "conduct" especially his high flying statements with recent demanding across the board that all politicians including Nawaz Sharif should bring their foreign wealth back to Pakistan. That's why it has not been given him any top position like the leader of the opposition in the National Assembly or the chairman of the Public Accounts Committee.

Setting a new record, Hashmi won three out of four National Assembly seats he contested in the 2008 general elections. The only one that he lost was one of the two Multan seats at the hands of Qureshi. Hashmi won in Lahore and Rawalpindi and a Multan seat. Qureshi's acquaintances say he doesn't have the habit or temperament to cling to a political position if it is unpalatable for him for some time. "He would not become like some other PPP stalwarts, who have been persistently ignored and even belittled by the top leadership for speaking against party policies," one of them said.

In this connection, he mentioned the names of Chaudhry Aitzaz Ahsan, Naheed Khan, Senator Safdar Abbasi, Nawab Yusuf Talpur and Dr Israr Shah (who has finally been expelled from the party).

The source said that Qureshi knows well in view of the president's track record that once he was annoyed with some of his party leaders for even slight defiance, he would never adjust or accommodate them in any important party or government office.

He said that Qureshi was deeply hurt over the harsh reactions and allegations hurled over him by some mouthpieces of the presidency at the behest of Zardari. He said that the party's belated order to them not to issue statements against the former foreign minister was just eyewash after they had bitterly condemned him.

Qureshi could spill the beans in LHC
 
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Now the real test for Qureshi has begun. If he did took the stand then he should have the guts to appear in court and state the obvious.
 
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‘Davis NOT a Diplomat, Pakistan’s Dignity Foremost’ – SM Qureshi Press Conference


Former foreign minister Shah Mehmood Qureshi said on Wednesday that Raymond Davis, the US consular employee accused of shooting dead two Pakistanis in Lahore, does not enjoy blanket immunity.

Qureshi was recently dropped out of the newly appointed cabinet “over his divergent opinion on the Raymond Davis issue”. His vocal stance has invited scathing criticism from colleagues in the party.

Addressing a press conference in Islamabad after his meeting with US Senator John Kerry, Qureshi said his stand is principled and not personal. “I will support truth and justice,” he said emphasising that he understands the importance of US-Pak relations.

He said he stands by his words, adding that the dignity and self respect of the nation comes foremost.

Qureshi refuted allegations made against him in the past few days. “I was a part of a PPP, I am part of PPP and my relation with the PPP will continue because I believe in the principles of Shaheed Zulfiqar Ali Bhutto and the sacrifice of Benazir Bhutto,” he said.
 
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Isn't it odd that people living outside a country (and i am referring to both Indians & Pakistanis) want their country of origin to take a hardline position which may end up inconveniencing millions but most of them have no qualms in continuing to live in the country/countries that they want a hardline position taken against. Would appreciate their positions more if they marked their protest by chucking everything they have in the "evil" country and turn up to join the protest in their country of origin. People who only want others to sacrifice/risk a lot while being unprepared to inconvenience themselves in the least should be willing to carry the charge of being duplicitous.

Do you honestly think that a handful of expats on internet forums are having any significant impact on the ground realities in Pakistan?
 
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Lahore shooting: Obama weighs in on spat

WASHINGTON / LAHORE:

US President Barack Obama said on Tuesday that Pakistan must respect the diplomatic immunity of US ‘consular employee’ Raymond Davis, who is currently in custody for shooting dead two Pakistanis, in a case straining ties between the allies.

In his first public remarks on the issue, Obama said Washington was working with Islamabad to secure the release of Davis, a former member of US Special Forces, who says he acted in self-defence during an ‘armed robbery’ in Lahore last month.

Washington says Davis has diplomatic immunity and should be released but the Pakistan government, fearful of a backlash at home, says the matter should be decided in court. “If our diplomats are in another country, then they are not subject to that country’s local prosecution,” Obama told a news conference in Washington, referring to the Vienna Conventions. “We respect it with respect to diplomats who are here.”

President Obama said his administration wanted the release of Davis. “We’re going to be continuing to work with the Pakistani government to get this person released,” he added. “Obviously, we’re concerned about the loss of life. We’re not callous about that, but there is a broader principle at stake,” Obama said.

US Senator John Kerry, chair of the Senate Foreign Relations Committee and member of President Barack Obama’s Democratic Party, is expected to meet Pakistani officials on Wednesday to try to resolve the crisis.

He told a news conference in Lahore that Davis has diplomatic immunity but it does not mean that he is above the law. He assured that the US Justice Department would launch a criminal investigation into the matter. He also assured that proper action would be taken against Davis after the completion of investigation.

Senator Kerry said that both Pakistan and the United States are signatory to the Vienna Conventions. “We respect your courts, but everyone should respect the international laws,” he added.

He offered regrets and sympathies with the bereaved family. “We are deeply, deeply sorry for that tragic incident.”

Senator Kerry, who helped spearhead a record $7.5 billion aid package for Pakistan, said that his country wanted to help Pakistan. “I’m not here to be an arbitrator in this case, this is not my job,” he said.

The US senator said the Davis issue would not affect his country’s relations with Pakistan spanning over 60-odd years.

He also sought to tone down rhetoric on the issue, calling for restraint. “All politicians, ours and yours, should step back. We did not show any arrogance but we should respect the law applicable since 50 years.”

Senator Kerry is scheduled to meet Nawaz Sharif, the chief of the ruling party in Punjab, and, if given security clearance, the families of the Lahore shooting victims – Faizan Haider and Faheem Shamshad.

Sharif had had detailed discussions with senior members of his party on the matter on Tuesday. And it was decided that Sharif would tell Senator Kerry that the matter was sub judice and the judicial process should be respected, a well-placed source in the PML-N told The Express Tribune.

An unnamed US official said that Senator Kerry’s mission will be to “help tone down the rhetoric (over the Davis case) and reaffirm the US partnership with Pakistan”.

But an official source said that Washington’s sole concern was not Davis’s fate rather it was concerned about over 500 American intelligence agents who are in Pakistan apparently involved in counter-terrorism operations.

These agents had been given long-term Pakistani visas during the rule of former President Pervez Musharraf and also during the last few months to chase Taliban and al Qaeda fighters in Pakistan, the source said.

The source said that US has already demanded diplomatic status for all of its “men” engaged in counter-terrorism operations in Pakistan.
 
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Taliban warns Pakistan against releasing Raymond Davis

ISLAMABAD: The Pakistani Taliban warned the government on Tuesday it would punish any move to release a US consulate employee accused of murdering two Pakistanis in a case that has inflamed already strained ties with Washington.

“If (Pakistani) rulers hand him over to America then we will target these rulers. If Pakistani courts cannot punish Davis then they should hand him over to us,” said Azam Tariq, spokesman for the Tehrik-e-Taliban Pakistan (Taliban movement of Pakistan).

“We will give exemplary punishment to the killer Davis.”


The warning from the al-Qaeda linked Taliban, which has kept up suicide bombings to destabilise Pakistan’s government despite several army offensives, underscores the charged atmosphere surrounding Davis’ case.

US Senator John Kerry was due in Pakistan as part of the Obama administration’s efforts to resolve the crisis.

Raymond Davis, the US consular employee jailed in Lahore for shooting two Pakistanis last month, says he acted in self-defence during an armed robbery.

Washington insists Davis has diplomatic immunity and should be released but the Pakistani government, fearful of a backlash from Pakistanis already wary of the United States and enraged by the shooting, says the matter should be decided in court.

On Thursday, the United States is expected to present a petition to a Lahore court to certify that Davis has diplomatic immunity and should be released.

Religious parties don’t win many votes in elections. But the government can’t afford to ignore the groups who often seize on issues concerning the United States to promote their cause.

“Of course he (Davis) should not be released. He has committed a crime and he should be punished. He doesn’t have immunity,” said Yahya Mujhaid, a spokesman for Jamaat-ud-Dawa, which was blacklisted by the UN over its links to the Lashkar-e-Taiba (LeT) militant group blamed for the 2008 attack on Mumbai. It denies it has links to the LeT.

“If he is released, we will register our protest but in a peaceful way. We will hold rallies … Not only us, the whole of Pakistan will protest against any such move.”

Supporters of the slain men have held protests and burned US flags. In addition to the two men Davis shot, a third man was killed when a U.S. consulate vehicle, apparently trying to rescue Davis, struck and killed a passer-by.
 
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Lahore shooting: Obama weighs in on spat

WASHINGTON / LAHORE:

US President Barack Obama said on Tuesday that Pakistan must respect the diplomatic immunity of US ‘consular employee’ Raymond Davis, who is currently in custody for shooting dead two Pakistanis, in a case straining ties between the allies.

In his first public remarks on the issue, Obama said Washington was working with Islamabad to secure the release of Davis, a former member of US Special Forces, who says he acted in self-defence during an ‘armed robbery’ in Lahore last month.

Washington says Davis has diplomatic immunity and should be released but the Pakistan government, fearful of a backlash at home, says the matter should be decided in court. “If our diplomats are in another country, then they are not subject to that country’s local prosecution,” Obama told a news conference in Washington, referring to the Vienna Conventions. “We respect it with respect to diplomats who are here.”

President Obama said his administration wanted the release of Davis. “We’re going to be continuing to work with the Pakistani government to get this person released,” he added. “Obviously, we’re concerned about the loss of life. We’re not callous about that, but there is a broader principle at stake,” Obama said.

US Senator John Kerry, chair of the Senate Foreign Relations Committee and member of President Barack Obama’s Democratic Party, is expected to meet Pakistani officials on Wednesday to try to resolve the crisis.

He told a news conference in Lahore that Davis has diplomatic immunity but it does not mean that he is above the law. He assured that the US Justice Department would launch a criminal investigation into the matter. He also assured that proper action would be taken against Davis after the completion of investigation.

Senator Kerry said that both Pakistan and the United States are signatory to the Vienna Conventions. “We respect your courts, but everyone should respect the international laws,” he added.

He offered regrets and sympathies with the bereaved family. “We are deeply, deeply sorry for that tragic incident.”

Senator Kerry, who helped spearhead a record $7.5 billion aid package for Pakistan, said that his country wanted to help Pakistan. “I’m not here to be an arbitrator in this case, this is not my job,” he said.

The US senator said the Davis issue would not affect his country’s relations with Pakistan spanning over 60-odd years.

He also sought to tone down rhetoric on the issue, calling for restraint. “All politicians, ours and yours, should step back. We did not show any arrogance but we should respect the law applicable since 50 years.”

Senator Kerry is scheduled to meet Nawaz Sharif, the chief of the ruling party in Punjab, and, if given security clearance, the families of the Lahore shooting victims – Faizan Haider and Faheem Shamshad.

Sharif had had detailed discussions with senior members of his party on the matter on Tuesday. And it was decided that Sharif would tell Senator Kerry that the matter was sub judice and the judicial process should be respected, a well-placed source in the PML-N told The Express Tribune.

An unnamed US official said that Senator Kerry’s mission will be to “help tone down the rhetoric (over the Davis case) and reaffirm the US partnership with Pakistan”.

But an official source said that Washington’s sole concern was not Davis’s fate rather it was concerned about over 500 American intelligence agents who are in Pakistan apparently involved in counter-terrorism operations.

These agents had been given long-term Pakistani visas during the rule of former President Pervez Musharraf and also during the last few months to chase Taliban and al Qaeda fighters in Pakistan, the source said.

The source said that US has already demanded diplomatic status for all of its “men” engaged in counter-terrorism operations in Pakistan.

Obama and this Senator Kerry needs to understand one thing very clearly that "He(Davis ) dont have enjoy diplomatic immunity under article 41"

ALSO WE PAKISTANIES DO NOT TRUST US Justice Department AND COURTS ANY MORE............


Obama and this Kerry needs to tell me that can i kill someone in the name of self defense ?????
why dont Obama and this Kerry give that car and person involved in crushing other person ??????

stop saying foolish things and wait for the courts to give its verdict ......
 
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Now the real test for Qureshi has begun. If he did took the stand then he should have the guts to appear in court and state the obvious.

Everybody should realize that there are many layers of complexities involved. For example, the US government would like to plan for a potential change of government, and will likely ensure that any replacements that come up are also "on board". Thus, ardent opposition now who get into power will suddenly find it useful to continue existing policies. Have we not seen that before many times?
 
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