The Lahore episode
by
Javed Hafiz |
The tragic incident involving a US consulate official in two deliberate and one accidental death in Lahore has made headlines here. It is too early to say whether the US official Raymond Davis actually acted in self-defence or over-reacted to a perceived threat. The matter is for the relevant courts to decide in Pakistan or in the United States. (According to news agencies, the US embassy in Islamabad called on Friday for the immediate release of Davis it said was unlawfully detained by Pakistani authorities).
A Lahore police officer, immediately after the incident, said that the two persons killed were actually robbers as they carried pistols. He had no business to jump to that hasty conclusion. Similarly, some TV channels made a hasty judgment that a diplomat with a gun and wireless equipped vehicle could only be a spy, on a mission. Davis has the designation of Technical Adviser in the Lahore Consulate. I could well be wrong but such vague nomenclature is often used for undercover intelligence officials abroad. However, undercover officials are now a known and often mutually accepted practice.
Much has been talked on the Pakistani channels about diplomatic immunity and whether it would be applicable in this case. While the concept of diplomatic immunity is centuries old, its latest codification was done through the Vienna Convention of 1961. According to the international laws contained in this convention, a diplomatic agent cannot be tried in the courts of his host country, unless his own government agrees to waive his immunity. And in recent diplomatic history, a Georgian diplomat was convicted for drunken driving and homicide in the US to which he was accredited. However, in this case the Georgian government had acceded to a US request for waiving his immunity.
Interestingly, the Lahore incident put both the US and Pakistani governments on the defensive. A government spokesman in Washington DC said that his country would ensure that its image was not spoilt in Pakistan. He added that the episode would also not be allowed to derail the strategic partnership with Pakistan. The response of Lahore Police was confused. But for the strong and instant public reaction, it may have allowed Davis to go home. Only an enraged public mood resulted in his arrest.
Interior Minister Rehman Malik, who is often accused of being soft on US security and intelligence personnel in Pakistan, has stated in the parliament that he is ready to face an inquiry for having made any attempt to save Davis. So the US official has not only landed in the Pakistani security net but is also caught in the vortex of Pakistani politics when anti-US sentiment is rather high. Even if in self-defence, he has committed this act when his country needs Pakistani support the most. In case, the government of Pakistan agreed to a possible US request for extradition, it would be seen as an act of abject surrender. On the other hand, if the US government tried to twist Pakistani arms too much, the later may decide to show more reluctance for an action in FATA.
The spirit of Vienna Convention was that any act of omission by the diplomats, in pursuit of their legitimate duties, be condoned. The idea was to allow the diplomats function without hindrance or fear. However, diplomatic immunity is not absolute and certainly not a licence to kill or even injure someone. For example, commercial deals are not covered by diplomatic immunity. If a diplomat fails to pay his house rent, he or she cannot take cover behind diplomatic immunity. And even the concept of immunity is subject to interpretation and has evolved with time.
The immunity from body search at the airports, which was routinely enjoyed by even junior diplomats before 9/11, can no longer be invoked as a right. In many capitals now, only the diplomats using VIP lounges are exempt from body search. Even the VIP lounges are now equipped with scanning machines to ensure the security of baggage.
I remember, as a very junior diplomat in early 1970s, we used to walk to the tarmac just by showing the diplomatic card. Not only the diplomats, but their personal guests as well were exempted from baggage search by the customs officials of the host countries. Those days have perhaps gone,
for ever.
The immunity from prosecution is only enjoyed by those with diplomatic status and not all home-based staff. The possession of arms by diplomats is also subject to the host government’s approval. Punjab Law Minister Rana Sanaullah has expressed a wrong opinion that a diplomat moving in a congested area of Lahore was not within his right to do so. An accredited diplomat can go anywhere in the country of his accreditation except in prohibited areas.
This case can easily assume political colour. In case the Pakistani authorities show any softness to Davis, media and political parties will immediately invoke Afia Siddiqi’s example, who has been languishing in a US jail only for allegedly threatening a US soldier. So Raymond Davis, the Technical Adviser, may have some tough days ahead. It is incumbent on the government of Pakistan now to take the people and political parties into confidence about the nature and extent of US security presence in Pakistan.
(Javed Hafiz is Pakistan’s former ambassador to the Sultanate) |
Other comment for Javed Hafiz
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