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The federal government on Tuesday informed the Islamabad High Court (IHC) that the American diplomat who rammed over a biker in Islamabad cannot stand trial in Pakistan because of diplomatic immunity.
However, the diplomat has been put on the black list and thus, cannot leave Pakistan, according to Deputy Attorney General (DAG) Raja Khalid.
Earlier this month, a military attaché Col Joseph Emanuel Hall had rammed his vehicle into a motorcycle in the federal capital, killing a citizen Ateeq Beg and injuring his cousin. He had escaped arrest because of diplomatic immunity but a first information report (FIR) regarding the incident was registered with Kohsar Police Station.
Read: Family of man killed by US diplomat's car rally in Islamabad
DAG Khalid informed the IHC on Tuesday that placing the diplomat's name on the Exit Control List is a very lengthy process and, as things stand today, he can neither be arrested nor can his trial take place in the country.
He added that the Vienna Convention gives diplomatic immunity to the American military attaché so he can be tried only if his immunity is withdrawn.
Justice Amir Farooq, presiding over the case, ordered the Ministry of Foreign Affairs to submit its reply in the case following which the director general (DG) protocol appeared in the court and said that the United States has been contacted on the issue of diplomatic immunity for Col Hall.
Being placed on the black list would mean the diplomat's movements would be limited and monitored.
During last week's hearing, Justice Farooq had remarked: "Him being a diplomat does not mean he can kill our citizens."
The judge had also reprimanded Kohsar SHO for failing to take the accused's statement and conducting a blood test following the incident, saying: "The police itself destroys cases this way."
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Apr 24, 2018 02:17pm
Like Raymond Davis, nothing will happen and case will be settled without any sentence. Do not forget, this is Pakistan, where there are double standards, one for rich and famous, and one for poor and ordinary citizens. So, I say: stop fooling people and creating topi dramas, we know what will be the end!
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Apr 24, 2018 02:19pm
Unfortunately, Pakistan cannot do anything to this diplomat.
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Apr 24, 2018 02:23pm
Why is a fuss being created over this? It was an accident. If the diplomat has immunity and is tried in the US, he will be given a tough time, however, if tried in Pakistan, he will be free within a few months after paying some bucks to the deceased family. So let him go and face a trial in US.
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Apr 24, 2018 02:26pm
It was just a road accident.
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Apr 24, 2018 02:27pm
Let him face the rule of law. It's astonishing as well as bewildering to realize his illegal, immoral and unethical action pertaining to ignoring a red light signal while driving in Islamabad and as a result, killing one innocent person and seriously wounding the other. If this tragic incidence would have happened on the U.S. soil, he might be sued for millions of U.S. dollars worth of damages by the victim's family and his "cash only" bond could possibly been set for at least half a million U.S. dollars.
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Apr 24, 2018 03:01pm
Real development shall be when get the trial in ATC as act of terrorism like sharukh Jatoi for killing innocent man.
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Apr 24, 2018 03:41pm
It looks like that, it was a bikers mistake. Justice must be prevailed. Jury must find another video.
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Apr 24, 2018 03:45pm
Please cancel this stupid diplomatic immunity from Vienna convention. It's totally against human rights and gives a free license to diplomats to kill anyone on the roads. This Raymond Davis number 2 must be given an exemplary punishment for recklessly killing an innocent Pakistani citizen and then running away.
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Apr 24, 2018 03:45pm
Beyond comprehension !What is the use of putting him on the black list and staying in Pakistan,when he cannot be tried in Pakistan because of his diplomatic immunity ???
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Apr 24, 2018 03:45pm
Does or Diplomat also kill an American and get not tried in America. Shame on our Government.
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Apr 24, 2018 04:35pm
Only an ambassador has a complete diplomatic immunity. There are different categories of immunity and this man is not an Ambassador. Vienna convention does not stop Pakistan for putting him on trial.
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Apr 24, 2018 04:37pm
Diplomatic immunity !!! nothing more
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Apr 24, 2018 04:39pm
@Mureed and Emad.. No Sir, this was not an ordinary accident. it is highly likely that Ambassador was under the influence of alcohol. Recently a TV celebrity in UK has been fined £86,000 for drink driving leading to accident, 20 months driving ban and sent back to rehab. Justice needs to be served.
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Apr 24, 2018 04:52pm
diplomatic immunity doesn’t mean free to kill
Diplomats are not immuned to criminal offences committed by them in capacity of diplomats
If it was our diplomat in usa , he would be in jail nown
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Apr 24, 2018 04:58pm
They have killed thousands by calling it collateral damage in Afghanistan, Iraq, Syria, Libya and Pakistan. So what is the point.
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Apr 24, 2018 05:20pm
All is drama
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Apr 24, 2018 06:18pm
This is indeed a very tragic and sad state of affairs. No wonder we have very little respect at an international level.
Diplomatic immunity does not give anyone a right to kill people especially when there is a possibility of driving under the influence of alcohol. The American man should have been tested for presence of alcohol consumption. This a sheer incompetence of our Police.
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Apr 24, 2018 07:45pm
Corruption on high peak
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Apr 24, 2018 08:06pm
@Mureed
a full speed traffic violation is no accident
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Apr 24, 2018 09:39pm
Prosecute him ! Now !
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Apr 24, 2018 09:39pm
Under no circumstances the Government of Pakistan can stop this American diplomat from leaving the country. At the best the Government of Pakistan can do is to declare him "persona non-grata" and deport him from the country. It's time the Government explain the international laws to its uneducated masses to prevent hysteria.
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Apr 24, 2018 09:39pm
@Rajesh Very true.
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Apr 24, 2018 09:46pm
Let's hope this time, he gets arrested and tried and PUNISHED! Law is the same for everyone.
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Apr 24, 2018 09:48pm
@SkyHawk Who do you think Pakistan is to cancel any diplomats privileges and immunity? People in Pakistan themselves are not the best drivers and commuters. They continuously break the road laws and etiquette by " zigzagging" on the road, so accidents are bound to happen. Its not a big issue to beat "drums". As to the US diplomat, the Government of Pakistan can do nothing against him, or prevent him from leaving the country. So the Government Officials should not talk nonsense or give false hopes to its own citizens
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Apr 24, 2018 10:53pm
@Mureed Why would he face trial in US? He committed a crime in PAK not USA.
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Apr 24, 2018 10:53pm
@Anti-Corruption_Pakistani This not the same case and cannot be compared with Raymond Davis. The raymond Davis was a crimnal and deleberately murdered two inocent victims. He was not registered as a protected class and was not granted diplomatic immunity. He should have been tried and convicted and awarded capital punishment. However, the present case is about failure to stop at red traffic light resulting in unfortunate loss of life. The accused is at best could be charged with applicable traffic law violation and not of willfully acting to kill the victim. This was unfortunate event and accused is remorseful.
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Apr 24, 2018 10:59pm
@Rajesh ..... Yes you are right my friend. The 2 Italians who killed Indian fishermen couldn’t face a trial in India either. This is the irony of both India and Pakistan.
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Apr 24, 2018 11:00pm
@Mureed just like Raymond Davis face “tough trial” in the US?
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Apr 24, 2018 11:28pm
If no trial is possible, why keep him in Pakistan.
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Apr 25, 2018 01:38am
We must amend our laws. Foreigners who do crime inside our country boundaries must be treated with our laws. I think this American name must immediately be put in ECL whether he is diplomat or an ordinary person. As per law, he has committed a crime. So, he is a criminal. Why ECL process is made so lengthy? How much more people will be sacrificed to those foreign criminals.We are Pakistani. We are human beings.
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Apr 25, 2018 01:53am
Nothing will happen to this diplomat. One fine day he will leave Pakistan unbeknownst to them vis Afghanistan and Pakistan may act as if they are surprised. The exit certificate is if he was going to airport to catch plane!
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Apr 25, 2018 02:20am
This case was very straight forward. There is nothing Pakistan government could have done to stop him. Yes the police should have taken the blood sample.
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Apr 25, 2018 02:21am
even if he put on trial in the US he wil be not guilty due to lack of evidence. police has no evidence so far. video is not admissible in court. i feel sorry for the family.
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Apr 25, 2018 03:27am
I am surprised how this American who is used drive right side of road can drive in left side! Normally he would have a driver and some protection person to drive around city!
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Apr 25, 2018 04:34am
He is a diplomat and is protected by international laws.
Remember Italian navy personals who killed Indian fishermen? India could not do anything about it.
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Apr 25, 2018 06:55am
This is a complete abuse of the Vienna Convention. Diplomats are granted immunity with regards to the dispensation of their duties. It is obvious that driving whilst under the influence is not a part of this man's job role. In any case, the US frequently charges and prosecutes diplomats commiting crimes on US soil.
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Apr 25, 2018 07:48am
Accidents do happen, being American Diplomat does not mean that you cannot involve in car accidents. Pakistan should do same what US civil court do to any diplomat in US involve in similar car accident. If no charges filed in US in similar case, this diplomat be released. Letter of apology must be send to mourning family by this Diplomat.
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