ISLAMABAD: A ruling of the Islamabad High Court on Friday declared that US Diplomat, Defense and Air Attaché Col. Joseph Emanuel Hall, does not enjoy “absolute immunity” from criminal prosecution in the traffic violation case in which a motorcyclist was killed in a collision in Islamabad last month.
The court ordered authorities to place Col. Hall’s name on an “exit control list” (ECL), barring his travel beyond its border.
Hall, driving a white armored Toyota Land Cruiser, jumped two red traffic lights at an intersection on the main Margalla road in Islamabad and struck motorcyclists Ateeq Baig, and pillion rider Raheel Ahmed in mid-afternoon on April 7.
Baiq succumbed to his injuries, while Ahmed fractured his leg and sustained other injuries, according to police officials who weren’t authorized to arrest Hall owing to his diplomatic status.
“No criminal proceeding decision can be taken against the diplomat legally” in Pakistan, said senior legal expert and former adviser to the ministry of law, Sharafat Ali, privy to the internal legal matters surrounding the case.
Speaking to Arab News, he referred to the Vienna Convention of Diplomatic Relations of 1961, which has been incorporated in Pakistan’s constitution under the 1972 Diplomatic and Consular Privileges Act.
The law and its article ensures that serving diplomats are not prone to lawsuits and prosecution under the legal framework of the host country.
Ali said Pakistan’s only option was to declare Hall persona non-grata and expel him but it cannot impose its law upon the diplomat without violating the Vienna Convention, to which Pakistan is a signatory.
“The court is well aware of this law and the diplomat’s case is out of its jurisdiction,” Ali said.
An American diplomat, speaking to Arab News privately on the condition of anonymity due to the sensitive nature of relations between the countries, said that blocking Hall’s travel outside Pakistan can be interpreted as “hostage” of the state in contravention of international law.
The court upheld its decision which it had reserved in a hearing on Monday, barring Hall from leaving the country. The Interior Ministry then placed Hall on the immigration directorate’s “blacklist” but escalated the travel restriction to a higher forum called ECL after the deliberation of the attorney of the petitioner, Mohammad Idrees, father of deceased motorcyclist, made compelling arguments that “immunity” is not “impunity” — challenging that diplomatic status doesn’t mean a person can defy law and go scot-free.
“A diplomat’s absolute immunity may crush people’s trust in the justice system,” said the plaintiff’s attorney, Shahzad Akbar, in his arguments in the courtroom.
The presiding judge, Justice Amir Farooq, in court earlier had strongly put forth that diplomatic immunity is not a license to kill. “Him being a diplomat does not mean he can kill our citizens … if our law protects him, it protects our citizens too”, said the judge.
Foreign relations expert Qamar Cheema added a different perspective on Islamabad’s position in view of the increasing friction between the US and Pakistan.
“Unfortunately all issues between Pakistan and US get politicized and damage genuine and real issues,” Cheema told Arab News, adding that Hall “must be given all legal cover as it may further harm relations.”
He remarked: “Anti-American sentiments of Pakistanis have placed the government under pressure which is preparing to campaign for the upcoming general elections.
“It’s possible this may get out of hand for the state, which lately has scrambled directionless, unable to cope with developing situations.”
Foreign Office spokesman Dr. Mohammad Faisal has also pointed out that under “articles 31 and 32 of the Vienna Convention on diplomatic relations 1961, which ... deal with diplomatic immunity,” the possibility of holding Hall in Pakistan for criminal proceedings is unlikely.
The colonel’s diplomatic status card issued by the foreign office will expire on May 31.
