Getting away with it

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They have been caught shoplifting and drink-driving, been accused of robbery and human trafficking, and two notable "offenders" each owe £3m in congestion charge fines. But instead of facing the full weight of the law this privileged group have got off scot-free.

Foreign embassy staff been exempted from a range of serious charges that in normal cases would have carried a penalty of at least 12 months in prison, according to figures released in parliament today. Five diplomats have escaped shoplifting charges since 2005, including an official from the Gambian embassy caught last year, a staffer at the Cameroonian embassy in 2008, and one member of each of the Egyptian, Equatorial Guinean and Zambian embassies accused in 2005.

But perhaps the single biggest offender – albeit on less serious allegations – is the US, which has run up £3,821,880 in unpaid fines incurred in a seven-year diplomatic stand-off over the congestion charge.

One member from each of the Brazilian, German, US and Russian embassies were caught drink-driving but released without charge this year. Diplomats or their dependants from Saudi Arabia and one from Sierra Leone were alleged to have been involved in human trafficking, and one from Saudi Arabia was accused of sexual assault. A member of the Pakistan embassy was accused of threatening to kill, and one from Cameroon accused of neglect of a young person.

Embassy staff in London from more than 57 countries have clocked up £534,060 in unpaid parking tickets and minor traffic offences in 2009. Between 2005 and 2009 police made eight requests to the government for immunity to be waived, all of which were declined, a foreign office spokesman said. In four cases the embassy involved subsequently informed the Foreign Office that the accused individual had been withdrawn.

The US embassy has dug in its heels over the congestion charge, claiming it is a tax and therefore that its diplomats are immune. A US embassy spokesman said: "The US embassy in London conscientiously abides by all UK laws, including paying fines for all traffic violations, such as parking and speeding violations. Our position on the direct tax established by Transport for London in 2003, more commonly known as the congestion charge, is based on the 1960 Vienna convention on diplomatic relations, which prohibits the direct taxation of diplomatic missions."


So now we know, a car is a diplomatic mission.

[Deleted]

The problem with diplomatic immunity is that in the old days it was a genuine protection against arbitrary behaviour by the government of the country in which the embassy staff worked.

For the last hundred years or so it has been abused and is now virtually a criminal's charter. Diplomats can commit every offence from murder downwards and get away with it.

Clearly the convention needs drastic overhaul but how likely is it that these much needed reforms will ever be agreed to by member states?

[Erasmus]

Does it serve any actual purpose? Surely it is an assassin's charter even if offending diplomats are shipped home. I can't think of any circumstance where it is necessary for a diplomat to break the law of the land in the course of acceptable duty. Like the Civil List, it seems too, to have extended far beyond the people it was originally intended for until just about any foreign national employed in their embassy seems to be immune. Time both were looked at very seriously.

There is a comparison with the Catholic attitude to child abuse (though of course they are by far not the only ones or the only religious) in that relics remain of the old attitude of putting religious under ecclesiastical in stead of civil law.

[beth]

from Mental Floss

8 Shameless Abuses of Diplomatic Immunity


Diplomatic immunity may be intended to keep diplomats from running afoul of local authorities while serving abroad, but some workers take it as a license to act like jerks. While the Vienna Conventions on International Relations of 1961 outline a series of safeguards that protect diplomats from being unfairly punished should tempers flare between their country and their host nations, more than a few diplomats have taken advantage of their privileges in an irritating way. Here are just a few annoying little liberties diplomats have taken.

1) Park Wherever You Want



The most common manifestation of this inconsiderate behavior involves diplomats’ parking. Just ask New Yorkers; diplomats at the United Nations apparently view Manhattan as their private parking lot. Back in 1996, diplomats racked up 143,508 parking summons, which would have cost them $15.8 million if not for diplomatic immunity. Russia alone was responsible for 32,000 of those fines.

2) Or Clear A Spot For Yourself

A few hundred thousand unpaid tickets look like downright responsible behavior when compared to former Afghan diplomat Shah Mohammad Dost’s antics behind the wheel. In 1987, Dost was accused of intentionally running a woman over in order to get a parking spot during a trip to an air conditioner store in Queens. According to the victim, her boyfriend was backing into the spot when Dost rolled up and demanded they cede the space to him because he was an Afghan diplomat. When they refused, Dost threw his Lincoln into gear and ran the woman over, sending her to the hospital.

3) Become a Doggie Diplomat

Here’s a case where diplomatic immunity didn’t work out quite as well as a diplomat had hoped. In 1975, a U.N. delegate from Barbados claimed that diplomatic immunity extended to his pooch, who had bitten several people. The delegate warned police officers of “possible international consequences” if they tried to contain the aggressive German shepherd. Nice try, but Fido’s not exactly negotiating trade treaties.

Mexican diplomat got the same rude awakening in 1984. Military attaché Enrique Flores was keeping a pack of 10 basset hounds at his Virginia home in violation of local zoning laws. Even though the laws stated Flores could only have four hounds at once, he appealed to the State Department for diplomatic immunity. The State Department turned him down. Guess they’re cat people.

4) Lose Your Immunity in the Divorce

In 1989, Mozambique’s representative to the United Nations wanted to divorce his American wife, so he waived his diplomatic immunity in order to take the matter to court. Unfortunately for the diplomat, Antonio Fernandez, he didn’t fare well in the case; he ended up losing the couple’s $5 million estate in the decision. Whoops.

Fernandez didn’t suffer from any shortage of gall, though. After losing the decision he attempted to invoke his diplomatic immunity privileges to keep from paying his ex-wife. Fernandez took his case all the way to the Supreme Court, but in the end his former love got the couple’s Greenwich, Connecticut, estate

5) Light Up on a Plane

Just two weeks ago, a Qatari diplomat ran into trouble on a Washington-to-Denver flight when he decided to have a smoke in the plane’s lavatory. To make things worse, Mohammed Al-Madadi also made a joke that some passengers and flight personnel perceived to be a terrorist threat. Air marshals sounded various alarms, and in the end two F-16 fighter jets escorted the flight to its final destination. While diplomatic immunity kept Al-Madadi from being charged with any crimes, the Qatari government sent him home to help smooth things over.

6) Stop Cutting Your Lawn

In 2008, the residents of New Rochelle, New York, found themselves with a common problem: one house in the community had become a real eyesore. It had sat vacant for years as weeds had overgrown the yard, the paint had gone bad, and the property found itself in an ugly state of decay. New Rochelle had a problem, though: the dilapidated house had a sort of diplomatic immunity that enabled it to be that run-down. Somalia owned the house, which it occasionally used to house United Nations diplomats. Since the vacant house was exempt from taxes, the town couldn’t use liens or other penalties to force the Somalians to do a little landscaping. The lesson here: if you want to stop mowing your lawn, join the Foreign Service.

7) Stop Paying Your Rent

A word of advice to landlords out there: if diplomats want to rent one of your properties, you might want to get a hefty security deposit. Just ask some of Manhattan’s biggest landlords. A 1996 New York Times story illustrated the difficulty of renting to diplomats; landlords really don’t have any legal mechanism through which they can collect delinquent rent or evict diplomatic tenants. At the time the article was written, one West African country was over $20,000 behind in its rent checks for a pair of luxury apartments in midtown Manhattan.

If you or I pulled a stunt like that, we’d be out on the streets. Fortunately for diplomats, though, they also enjoy a special kind of immunity known as “inviolability,” which states that the private residences of diplomats can’t be entered by the host country’s agents without the visiting country’s consent. In short, the only way you can evict foreign diplomats is if their own country gives you the thumbs-up first.

8) Slaughter a Sheep

Nobody ever said all diplomats were gentlemen. In 1984, six Iranian diplomats caused a stink in London by taking a sheep from a house and cutting its throat in the street. The ritual public slaughter of an animal is generally frowned upon, but since the men had diplomatic immunity the British authorities were powerless to charge them with violating animal cruelty laws.

www.mentalfloss.com/blogs/archives/53833