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DIPLOMATIC OR CONSULAR IMMUNITY FOR CRIMINAL OFFENSES.

Authors :
Hassan, Tariq
Source :
Criterion (Pakistan); Apr2011, Vol. 6 Issue 2, p2-34, 33p
Publication Year :
2011

Abstract

Raymond Davis, a United States national, killed two Pakistanis in Lahore on 27 January 2011--albeit allegedly in self-defense. This case had the potential of becoming a major foreign policy issue between Pakistan and the US. Even though the matter has been resolved privately through a compensation scheme, the handling of the Raymond Davis case has generated a lot of controversy and the outcome is not generally accepted by the Pakistani public that still seeks answers to the host of issues--both factual and legal--about Raymond Davis' official status and immunity, if any, arising there from. The issues lingering in everyone's mind are: 1. Whether Raymond Davis was simply a contractor assigned to the US Consulate in Lahore or Embassy in Islamabad? 2. Whether Raymond Davis was a consular officer or an employee or member of the consular staff? 3. Whether Raymond Davis was a diplomatic agent or a member of the administrative and technical staff? 4. What was the applicable law under the circumstances? 5. What is the necessary and proper legal process for dealing with diplomatic or consular immunity in case of criminal offences? 6. Who is empowered to grant immunity under Pakistani law--the executive or the courts? 7. Does the US have any obligation or liability for the criminal offense committed by its diplomatic and consular officers and employees? 8. Should the US have waived immunity in view of the seriousness of the offense? Alternatively, should Pakistan have requested such a waiver? 9. Whether and to what extent is the U.S. Consulate or government responsible or liable for the additional death of the pedestrian who was also allegedly killed by a speeding car from the US consulate which came to help? This article is intended to provide general comments on the issues raised above (except for the last issue which raises problems that have not been dealt with in this article and would need to be considered separately) in light of the information available in the public domain. Author [ABSTRACT FROM AUTHOR]

Details

Language :
English
Volume :
6
Issue :
2
Database :
Complementary Index
Journal :
Criterion (Pakistan)
Publication Type :
Periodical
Accession number :
67215060