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Old Wednesday, May 11, 2011
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Default Raymond davis issue and question of diplomatic immunity and Implications on Pak- U.S

Implications on Pak- U.S relations
Raymond Davis, a staff member of the US Consulate in Lahore shot two Pakistani men dead on Thursday in a crowded part of Lahore (Mozang Chowk), according to him in self-defense. A US Consulate vehicle that rushed in to ‘rescue’ Mr. David then ran over a third person, who also died. A murder case was then registered against Raymond Davis, who was handed into police custody. A case has also been registered against the driver of the US Consulate vehicle that ran over a third person, but the driver has not yet been apprehended. The US is asking that Raymond Davis, as a diplomatic functionary, should be handed back to them; Pakistan seems to be responding that the matter is sub judice and should take its course.
The mystery of American Raymond A. Davis, currently imprisoned in the custody of local police in Lahore, Pakistan and charged with the Jan. 27 murder of two young men, whom he allegedly shot eight times with pinpoint accuracy through his car windshield, is growing increasingly complicated. Also growing is the anger among Pakistanis that the US is trying to spring him from a Punjab jail by claiming diplomatic immunity. On Feb. 4, there were massive demonstrations, especially in Lahore, demanding that Davis be held for trial, an indication of the level of public anger at talk of granting him immunity.
Davis may have been involved in intelligence activity, either as a CIA employee under embassy cover or as a contract worker at the time of the shootings or the shootings may have been a “spy meeting gone awry,” and not, as US Embassy and State Department officials are claiming, a case of an attempted robbery or car-jacking.
The two dead motorcyclists were each shot two times, “probably the fatal shots,” in the back by Davis. They were also both shot twice from the front. Such ballistics don’t mesh nicely with a protestation of self-defense.
Also left unmentioned in the US media is what else was found in Davis’ possession. Lahore police say that in addition to the Beretta he was still holding, and three cell phones retrieved from his pockets, they found a loaded Glock pistol in his car, along with three full magazines, and a “small telescope.” Again, heavy arms for a consular security officer not even in the act of guarding any embassy personnel, and what’s with the telescope? Also unmentioned in US accounts: his car was not an embassy vehicle, but was a local rental car.
American news reports say that a “consular vehicle” sped to Davis’ aid after the shooting incident and killed another motorcyclist enroute, before speeding away. The driver of that car is being sought by Lahore prosecutors but has not been identified or produced by US Embassy officials.
The US claim that Davis has diplomatic immunity hinges first and foremost on whether he is actually a “functionary” of the consulate. According to Lahore police investigators, he was arrested carrying a regular US passport, which had a business visa, not a diplomatic visa. The US reportedly only later supplied a diplomatic passport carrying a diplomatic visa that had been obtained not in the US before his departure, but in Islamabad, the country’s capital. US Embassy officials have described him as a “functionary” of the Embassy assigned to the US Consulate in Lahore and carrying a US Diplomatic passport. Davis (whose identity was first denied and later confirmed by the US Embassy in Islamabad), and the embassy have claimed that he was hired as an employee of a US security company called Hyperion Protective Consultants.
Considerable US pressure is currently being brought to bear on the Pakistani national government to hand over Davis to the US, But Punjab state authorities are not cooperating, and so far the national government is saying it is up to local authorities and the courts to decide whether his alleged crime of murder would, even if he is a legitimate consular employee, override a claim of diplomatic immunity.
Under Pakistani law, only actual consular functionaries, not service workers at embassy and consulate, have diplomatic status. Furthermore, no immunity would apply in the case of “serious” crimes--and certainly murder is as serious as it gets.
The US media have been uncritically quoting the State Department as saying that Pakistan is “violating” the Vienna Convention on Consular Relations of 1963 by holding Davis in jail on murder charges. Those reporters should check the actual document.
Section II, Article 41 of the treaty, in its first paragraph regarding the “Personal inviolability of consular officers,” states:
“Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.”
In other words, the prosecutorial, police and judicial authorities in Lahore and the state of Punjab are doing exactly what they are supposed to do in holding Davis on murder charges, pending a judicial determination concerning whether or not he can properly claim diplomatic immunity.


The US claim that Pakistan is violating the convention is simply nonsense.There is also the matter of double standards. The US routinely violates the Vienna Diplomatic Accord that governs international diplomatic rights. For example, the same convention requires countries that arrest, jail and prosecute foreigners for crimes to promptly notify the person’s home country embassy, and to grant that embassy the right to provide legal counsel. Yet the US has arrested, charged with murder, and executed many foreign nationals without ever notifying their embassies of their legal jeopardy, and has, on a number of occasions, even gone ahead with executions after a convict’s home country has learned of the situation and requested a stay and a retrial with an embassy-provided defense attorney. The US, in 1997, also prosecuted, over the objections of the government of Georgia, a Georgian embassy diplomat charged with the murder of a 16-year-old girl. Apparently diplomatic immunity has more to do with the relative power of the government in question and of the embassy in question than with the simple words in a treaty.
It remains to be seen whether Davis will ever actually stand trial in Pakistan. The US is pushing hard in Islamabad for his release. On the other hand, his arrest and detention, and the pressure by the US Embassy to spring him, are leading to an outpouring of rage among Pakistanis at a very volatile time, with the Middle East facing a wave of popular uprisings against US-backed autocracies, and with Pakistan itself, increasingly a powder keg, being bombed by US rocket-firing pilotless drone aircraft.
Implications on Pak- U.S relations
1. Increase of mistrust between Pakistan government and U.S government.
2. Increase of anti U.S sentiments among Pakistani public.
3. Damage to the cause of war on terror. Principle fighter is U.S and once the credibility of U.S is damaged then willingness of his alleys would start reducing because public pressure would increase to withdraw any support extended to us.
4. The increases of quest of Pakistan for respectfull friend like china so Sino Pakistan relations would get strengthen.
5. Derailing of peace process between Pakistan and India. As U.S is principle country having influence on both countries to force them to negotiate with each other so once the relation of Pakistan with U.S goes down the process of would Negotiation naturally get effected
6. Peace prospect in Afghanistan as Pak- U.S are to principle alleys and stake holders in Afghanistan peace process so once there mutual relations get effected naturally peace process would get affected.


Implications on Pak- U.S relations
1. Increase of mistrust between Pakistan government and U.S government.
(pistol rukha gov ko pta nae tha bgair itla dia asi activity kr raha tha jo gov ko na btany ho)
2. Increase of anti U.S sentiments among Pakistani public.(mistrust
3. Damage to the cause of war on terror.( principle fighter is U.S and once the credibility of U.S is damaged then willingness of his alleys would start reducing because public pressure would increase to withdraw any support extended to us)
4. The increases of quest taalash of Pakistan for respectful friend like china so Sino Pakistan relations would get strengthen.
5. Derailing of peace process between Pakistan and India. as U.S is principle country having influence on both countries to force them to negotiate with each other so once the relation of Pakistan with U.S goes down the process of would Negotiation naturally get effected.
6. Peace prospect in Afghanistan as Pak- U.S are to principle alleys and stake holders in Afghanistan peace process so once there mutual relations get effected naturally peace process would get effected.
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