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The Islamabad High Court (IHC) on Friday ruled that a United States diplomat, who was involved in a traffic accident that led to the death of a youth in the capital, does not have absolute immunity.
On April 7, US Defence and Air Attaché Col Joseph Emanuel Hall jumped a red light at Daman-i-Koh Chowk and hit a motorcycle. As a result, two riders of the bike suffered injuries and one of them, 22-year-old Ateeq Baig, later died.
Col Hall had escaped arrest because of diplomatic immunity but a first information report (FIR) regarding the incident was registered with Kohsar Police Station.
Ruling on a petition of the deceased man's father, Justice Aamer Farooq ruled that the diplomat does not have absolute immunity.
In the verdict that was reserved on Monday and announced today, the court has ordered the interior ministry to decide about placing Col Hall's name on the Exit Control List (ECL) within two weeks.
Mohammad Idrees, Ateeq's father, had filed a petition through his counsel Shahzad Akbar for placement of the diplomat's name on ECL. CCTV footage of the Safe City Project shows the diplomat driving a white land cruiser at a high speed and hitting the motorcycle after violating the red signal.
On April 24, the interior ministry had informed the court that in order to restrict the movement of Col Hall, his name had been placed on the blacklist of the directorate of immigration.
In his concluding arguments on Monday, the counsel had argued before Justice Farooq that “absolute immunity of diplomats may defeat citizens’ trust in the justice system”.
He said if rights of citizens are not upheld and an innocent person is deprived of their life, a chaotic situation arises in which citizens will have no trust in the criminal justice system.
“Where there is no such trust in any given society, the criminal justice system becomes inadequate.”
The counsel contended that under the Vienna Convention on Diplomatic Relations 1961, there was a diplomatic ‘immunity’, not ‘impunity’.
Diplomatic immunity is not intended to serve as a licence for persons to flout the law and purposely avoid liability for their actions, he argued.
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Comments (44) Closed
May 11, 2018 01:53pm
Bad decision.
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May 11, 2018 02:14pm
It is an accident, not killing, use some commonsense.
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May 11, 2018 02:14pm
While I was in the USA, my car was hit by a US military truck from behind while my car was waiting for a pedestrian to finish walking a cross walk. Almost half of the car was crushed. Fortunately no one was sitting in the backside. My attorney told me, there is a law in the USA, that you cannot sue the driver of a government vehicle, while on duty even if it was his fault. A law is a law. Over the decades, persons of diplomatic status have gotten away with murder occasionally all over the world. Diplomatic immunity is a recognized practice .
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May 11, 2018 02:44pm
Top diplomatic officers have full immunity, as do their deputies and families.
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May 11, 2018 02:55pm
So if Pakistani diplomat by accident in USA killed somebody, then he will be free live and work in USA and no law apply
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May 11, 2018 03:06pm
Holding this diplomat could work as a good handle against USA.
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May 11, 2018 03:06pm
Put this diplomat behind bars for the rest of his life.
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May 11, 2018 03:39pm
@Asif Ali Great point. So, if someone kills someone by accident, then it is both an accident and a killing. How does your infinite brain decide if it should be treated as an accident or a killing? If it is treated as an accident, then should there be no trial or investigation?
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May 11, 2018 03:52pm
Not all foreign attaches have full immunity. If it was an accident they should provide compensation to the families of the victims.
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May 11, 2018 03:52pm
This is a decision which would contravene the Vienna Convention. It would also invite similar actions against Pakistani diplomatic staff all over the world.
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May 11, 2018 04:08pm
Law is a law.
But that does not give licence to kill to any one. If any kid would.have come himself.in front of his.car and had died then it can be treated as a favor but crossing over a red signal is a crime. Every crime should be punished
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May 11, 2018 04:17pm
@Asif Ali Although it was an accident, it occurred due to sheer negligence of that diplomat. Please recall that the didn't care for traffic signals.
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May 11, 2018 04:40pm
Imagine if it happened the other way around. If a Pakistani diplomat had killed someone like this, how would the US react?
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May 11, 2018 04:42pm
Not a good news for the US diplomat.
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May 11, 2018 04:49pm
The court is acting against all diplomatic norms and is acting beyond its prerogative. It’s a violation of international laws. Immunity is full and 100 percent
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May 11, 2018 05:26pm
Why you would give two weeks time to put someone on ECL? Perhaps enough time for someone to leave the country!
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May 11, 2018 05:51pm
Spirit of vieana convention was & to Safe guard against fabricated/false casas.. ... Not willfull acts....seems right decision by the court
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May 11, 2018 06:00pm
Great ruling by the Islamabad High Court, Islamic Republic of Pakistsn. In fact, everybody is equal before the law everywhere in the world, including the U.S. Diplomatic immunity does not grant or warrant the right to anybody, anywhere in the globe, to illegally, immorally and unethically break-run the traffic red light, kill a motorbike rider and cause serious injuries to other.
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May 11, 2018 06:00pm
@Asif Ali Read carefully. The diplomat jumped red signal
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May 11, 2018 06:06pm
@Haroon Rashid Khan It will be in the news media broadcast with cctv footage on every channel and "experts" will analyze through every angle and will demand the Pakistani be thrown in jail. But it will be treated different if it were a British diplomat
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May 11, 2018 06:20pm
Diplomats have immunity, thats all and it applies to all nations. Indian diplomat Khobragade tortured her maid and cases were registered against her. But she was immune and she was recalled back to country.
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May 11, 2018 06:22pm
@Asif Ali this is equal to manslaughter. He jumped red light and then killed. Try this in US UK or any European country jumping red light and then killing someone and you will know what will happen to the driver.
Secondly, after killing someone do you act like as you are a goon and was not coming out of the car on Police request because he is American citizen. He should be tried according to the country of law with strict punishment.
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May 11, 2018 06:25pm
How lovely people jumping into conclusion that he has immunity where as he broke the law. If immunity can be given in such cases then shall we get ready for being shot by any diplomat at point blank??? They have immunity from being harassed and hindered in their work not in criminal cases and this is a criminal case.
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May 11, 2018 06:29pm
@Raptor the Vienna convention has been made to protect the ambassadors not to give license to break laws. He broke the signal and driving at high speed which is a clear indication of him not respecting law of the land. It doesn’t mean if He has diplomatic immunity then He can start killing our people. Well said by the lawyer he has immunity but not impunity. If it was a mistake then Still it should be investigated and pardoned but this is a clear cut case of breaking the law.
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May 11, 2018 06:36pm
@Raptor The imunity to what extent is granted to him?
Violating the trafic law murdering some one on the basis of immunity? Law is Law , yes but not cruel and barberic. Law's first principle is to get just justice and ensure justice.
Was he allowed to cross the red signal, because granted immunity? Seems misinterpretation
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May 11, 2018 06:58pm
@Haroon Rashid Khan - by following Vienna convention. Which means full diplomatic immunity.
We should look at it practically and not emotionally.
Not even supreme court can do anything about diplomatic immunity unless the other country waives it
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May 11, 2018 07:01pm
More bargaining
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May 11, 2018 07:03pm
If diplomats have immunity to run away after killing a citizen and law can not give justice then citizen should also have immunity to kill the diplomat at spot.
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May 11, 2018 07:06pm
Remember is ran a red light before hitting the biker. This is no accident. This is manslaghter and negligent driving.
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May 11, 2018 07:18pm
The criminal justice system does not work in Pakistan anyway, just like other parts of the legal system. The Americans can kill Pakistanis with impunity and the weak Nawaz government has to let them go scot free; as this one would too.
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May 11, 2018 07:45pm
To Asif Ali the accident happened because it was reckless driving and in UK that is death by dangerous driving and can be sentenced as manslaughter. If it was your son/brother then would be interesting what you would have to say.
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May 11, 2018 07:55pm
Well done. He should be jailed as per law of the land
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May 11, 2018 07:57pm
@Asif Ali well if your brother/ son had died in this accident. I am sure you would forgive the diplomat?
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May 11, 2018 07:58pm
The only possible way to prosecute him is for the US to revoke immunity. Similar case happened in NY in late 90s and US was able to get the immunity revoked from Georgia and then started legal proceedings.
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May 11, 2018 08:17pm
He has immunity only under international law, not Pakistani law.
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May 11, 2018 08:33pm
Syed Zafar Kazmi , so let me get this - if you have diplomatic immunity you are not liable for dangerous driving, gross negligence? and possible man slaughter?
We the people do not need this kind of immunity. Would you say the same if it was you who suffered this loss? traffic lights are there for a reason.
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May 11, 2018 08:34pm
There is punishment for accidents in every country and no one should have amunity for such crimes even diplomats. The rule needs to change if there is amunity in Vienna convention for drivers.
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May 11, 2018 08:46pm
Curious how American will treat Pakistan Diplomat with such accident with a young American death on their own soil. Diplomatic immunity is a recognized practice all over the world - but it does't mean - license to kill.
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May 11, 2018 09:06pm
Then go for cold blooded double murderer and foreign agent Raymond Davis too.
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May 11, 2018 09:26pm
@Asif Ali Running a Red Light is not an Accident.
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May 11, 2018 09:34pm
Why has court given period of 2:weeks. So that the gentleman can leave the country. Diplomacy.
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May 12, 2018 01:46am
@Asif Ali He crossed a red light and hit the motorcyclist. This is surely manslaughter. Even after the incident he showed no remorse of his wrongdoing.
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May 12, 2018 02:47am
Do exactly what you like. The same treatment will given to your diplomats in the US. Diplomacy works on reciprocity.
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May 13, 2018 08:31am
@M. Emad no they don't. Nobody grants a full license to do as u will. It is a mere formality that can be removed given the seriousness of the crime
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