Police lack excuse for releasing US diplomat

Scope of diplomatic immunity?, No progress in investigation as accused is yet to surrender, Police skip medical examination of accused after road accident

ISLAMABAD - Nobody among the Pakistani authorities is willing to take responsibility for the release of the US diplomat who had killed a Pakistani citizen in a road accident here on Saturday last, after the Interior Ministry questioned the scope of diplomatic immunity in the case, according to the sources.

The Foreign Office, a day after the incident, however, summoned the US Ambassador to Pakistan David Hale to register a “strong protest” on the tragic death of the motorcyclist and serious injury to the co-rider in the traffic accident involving US military attaché Col Joseph Emanuel Hall.

On the other hand, there is no progress in the investigation as the US embassy has “almost declined” to cooperate with the local police on the issue.

“They [US embassy in Pakistan] are not willing to surrender the US diplomat before the investigators,” said a senior police official on condition of anonymity.

On the other hand, on Sunday, the US embassy expressed its deep sympathy to the family of the deceased and those injured in what it termed tragic traffic accident involving a US Embassy vehicle.

A statement issued by the US Embassy said that the officials were cooperating with the local authorities who were investigating the accident.

The sources told The Nation that soon after the incident occurred in the afternoon at the Damn-i-Koh traffic signal on Margalla Road near the city zoo in which the fast-moving SUV driven by Col Joseph Emanuel Hall hit the motorcycle, senior police officers including SHO Kohsar Police Station Khalid Awan, ASP Zohaib Ranjha and SP City Ahmed Iqbal reached the crime scene.

The driver had tried to speed away but he was stopped at a nearby checkpoint, where the police tried to question him.

However, he refused to get off from the white Land Cruiser.

Shortly after, several locals and foreigners arrived there and introduced themselves as officials of the US Embassy.

Senior policemen then took the military attaché and his vehicle to the Kohsar Police Station.

After having written statements about the incident and the diplomatic status of the suspect, the police, later allowed him to leave.

The police, however, impounded the vehicle.

A case was also registered against the car driver under sections 279 (rash driving or riding on a public way), 320 (punishment for manslaughter by rash or negligent driving), 337-G (punishment for hurt by rash or negligent driving) and 427 (mischief causing damage to the amount of fifty rupees) of the Pakistan Penal Code, on the complaint of the victim’s father, who is a watchman at an Islamabad school.

The sources said that the police officers after consultations with the officials of the ministries of interior and foreign affairs and on the verbal directions of the high ups; let the US diplomat on account of diplomatic immunity.

Atiq Baig, 22, had died due to head injury, while his cousin Raheel Ahmed also suffered injuries in the accident.

The sources said as the Ministry of Interior, under public pressure, took notice of the police freeing the US diplomat, the police high ups had found it hard to explain why the US diplomat was not kept in custody until the scope of diplomatic immunity was determined in the case.

The police also did not conduct medical examination of the accused after the incident to determine whether he was under the influence of some drug or not.

“If the ministry high ups did not take responsibility [for freeing the US diplomat], action against the police officials is imminent,” said a police officer on condition of anonymity.

He said the police had prepared a presentation to be put before the interior secretary, narrating details of the accident and how and why the US diplomat was let go.

Ministry of Interior has formally asked the police to explain the circumstances in which the US diplomat was set free after the incident.

The Ministry of Interior, according to the sources, has also asked the Foreign Office to help the authorities in determining the scope of diplomatic immunity in the case so that the investigators could start their job.

The diplomat was caught on camera as he jumped the traffic signal.

The Foreign Office has also desired the CCTV footage of the accident, according to the police sources.

Sources further said there was still no progress in the investigations as the police had no access to the US diplomat involved in the incident.

According to the press release issued by the Foreign Office on Sunday, the US ambassador expressed his deep sympathy and sadness over the loss of life and assured that the embassy would fully cooperate in the investigation.

“The foreign secretary conveyed that justice will take its course in accordance with the law of the land and the Vienna Convention on Diplomatic Relations 1961,” the statement said.

Baig was buried on Sunday.

A large number of friends, family and area residents participated in the funeral prayers but no government official or prominent political figure was present on the occasion.

The police, after the people took to social media to protest against the “favourable” treatment given to the US diplomat, responded in a blog that it followed the due legal procedure and the attaché had diplomatic immunity granted by the government of Pakistan as per Vienna Convention.

This was the third road accident in recent years in which US diplomats have hit and killed people in Islamabad.

Police Press Note

The Islamabad police, after around 30 hours of the incident, issued a press note to explain that the US diplomat could not be detained or arrested as he enjoyed diplomatic immunity under Article 29 of the Vienna Convention 1961. 

The police said that they moved according to the law and registered a case in this regard at Kohsar Police Station.

They further explained that the police confirmed about the diplomatic status of the accused from the Foreign Office on telephone and after preliminary interrogation, he was handed over to the security officials of US embassy in Pakistan.

However, his diplomatic card, driving licence and the vehicle was taken into custody as the police started investigation into the incident.

The press note made it clear that under the international law, a diplomat enjoys immunity and he cannot be detained or arrested.

The police said that in the instant case, they did not extend any favour to the accused and the police was in contact with the heirs of the deceased.

The police said that justice will be done in the case.

 

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