After having demanded 'immediate release' of Ramyond Davis, facing double-murder charges in Lahore, the US embassy on Sunday admitted he was member of 'technical and administrative' staff but had immunity under the Vienna Convention on Diplomatic Relations 1961.
"The US diplomat detained in Lahore is a member of the Embassy's technical and administrative staff, and therefore entitled to full criminal immunity and cannot be lawfully arrested or detained in accordance with the convention," said a statement issued by the US embassy. Giving reference of Article 37 of the Vienna Convention, the statement said it specifically extends the same criminal immunity that diplomats have to members of the "technical and administrative staff" of an Embassy.
The Vienna Convention on Diplomatic Relations (1961) provides diplomatic immunity to all diplomats around the world. On Saturday, the Embassy had demanded immediate release of Davis saying "the diplomat, assigned to the US Embassy in Islamabad, has a US diplomatic passport and Pakistani visa valid until June 2012," and added that Raymond Davis was in 'unlawful detention'. The US press release did not confirm whether the visa was a diplomatic visa, distinct from a diplomatic passport.
However, well-placed sources told Business Recorder that the Ministry of Foreign Affairs had sent a letter to the US Embassy acknowledging that Davis has a diplomatic passport but contending that he was not issued a diplomatic visa for Pakistan. Sources told this correspondent on condition of anonymity that the "establishment" was behind the issuance of this letter.
In addition, Foreign Office said that "the matter is sub judice in a court of law and the legal process should be respected. The Punjab Police is handling the investigation and its report is awaited. For the above reasons, the Foreign Ministry has no substantive comments to offer."
Similarly, legal wizards are of the opinion that it is actually the 'diplomatic visa' which gives immunity to any diplomat and merely carrying 'diplomatic passport' cannot make him immune from prosecution.
The US ambassador Cameron Munter telephoned Pakistan Muslim League-N chief Nawaz Sharif on Saturday and sought help to secure Davis's release. But the PML-N chief had reportedly said that the matter was sub judice and had to be handled by the court.