Saudi diplomat allegedly involved in human trafficking can still face charges
The Saudi Arabian diplomat who was arrested for alleged involvement in human trafficking and later on freed can still face charges, a Department of Foreign Affairs (DFA) official said on Thursday.
Under the 1961 Vienna Convention on Diplomatic Relations, diplomats are given immunity from the criminal jurisdiction of the host state, including arrest and detention.
However, the official, who asked not be named due to the sensitivity of the issue, said the treaty for diplomats was “not envisioned to become a defense to commit illegal acts.”
“If there’s a strong evidence against the diplomat based on investigation gathered by our authorities, the DFA will notify the Saudi Embassy to waive the immunity of the suspect so that a case can be filed against him,” the official said.
The diplomat, an attaché of the Saudi Arabian Embassy, was freed after the DFA certified his diplomatic status.
“The DFA has been asked by the National Bureau of Investigation to certify the diplomatic status of his diplomat and his wife and this we have done,” Foreign Affairs spokesman Charles Jose said at a press briefing.
However, Jose stressed that the DFA “will not be involved in the law enforcement process.”
Should the Saudi Embassy refuse to waive the diplomat’s immunity despite strong evidence linking him to human trafficking, the Philippine government can declare the embassy staff member persona non grata.
“He will be given a reasonable time to leave the country,” the source said.
Under Article 9 the Convention: “The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable.”
It also said that: “In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission.” —KBK, GMA News
Under the 1961 Vienna Convention on Diplomatic Relations, diplomats are given immunity from the criminal jurisdiction of the host state, including arrest and detention.
However, the official, who asked not be named due to the sensitivity of the issue, said the treaty for diplomats was “not envisioned to become a defense to commit illegal acts.”
“If there’s a strong evidence against the diplomat based on investigation gathered by our authorities, the DFA will notify the Saudi Embassy to waive the immunity of the suspect so that a case can be filed against him,” the official said.
The diplomat, an attaché of the Saudi Arabian Embassy, was freed after the DFA certified his diplomatic status.
“The DFA has been asked by the National Bureau of Investigation to certify the diplomatic status of his diplomat and his wife and this we have done,” Foreign Affairs spokesman Charles Jose said at a press briefing.
However, Jose stressed that the DFA “will not be involved in the law enforcement process.”
Should the Saudi Embassy refuse to waive the diplomat’s immunity despite strong evidence linking him to human trafficking, the Philippine government can declare the embassy staff member persona non grata.
“He will be given a reasonable time to leave the country,” the source said.
Under Article 9 the Convention: “The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable.”
It also said that: “In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission.” —KBK, GMA News
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