Decision on Davis delayed ....says what?



  • Assalam-o-Alaikum-Warahmat-ULLAH ALL,

    Which Vienna Convention is it that Pakistan signed on ?

    The one from 1961 ? The one from 1963 ? The one from 1969 ? or some other ?



  • govt is only buying time to cool down public sentiment. Will forge docs or try to convince the family of the victims to accept blood money.

    PPP and PMLN are the two most begherat parties. They have in the past and will at anytime sell pakistan.



  • Pakistan did sign it on 29 Mar 1962.

    Here's a list of signatories.

    http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=III-3&chapter=3&lang=en



  • Assalam-o-Alaikum-Warahmat-ULLAH ALL,

    Hasn't the Vienna Convention been "modified" since then ?

    So which one is it that applies ?



  • 1961 and 1963 is what I hear and some things from Geneva convention may apply too.



  • Davis case.

    its what the revolution we were waiting for?



  • Bottom line is in the court the whole game will be played around articles 37 (grants immunity) and 41 (makes exception to immunity) which appear contradictory.



  • Game will start only if and when Foreign Office provides a certificate, without Pak Govt Certificate Devis will be tried like a common man-



  • This post is deleted!


  • @BO

    They are not contradictory

    there are two separate docs dont you get it..

    one is for diplomatic relations which applies to embassies (i.e. in capitals only)

    http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf

    the other is for consular staff

    http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf



  • However, whoever signs such a certificate would be the mouse belling the cat (would doomed their career). It is obvious that bureaucracy of the FO can't do it so must be done at the highest level. Qureshi is out, whoever the hell is in command would say they weren't around when the visa was issued. That means FO's house is not in order after Qureshi and thus Pakistan screws up the case. That's kahili of pind. Hussain Haqqani (discussed on one show or news I think) had issued a statement that he is a diplomat. So removing Qureshi has done great loss. Now Gilani could take the Ministry of FO under him and grant immunity.



  • @gv

    Davis carries docs from both sides. This is the complication, multiple things.



  • @bo

    lets accept that Davis is an official employee of the US state Dept and issued a valid diplomatic passport by the latter.

    However please keep in mind

    1. the issuer of diplomatic status for an official is the host country (in this case Pakistan) In Davis's most recent visa he is not accorded diplomatic status.

    2. he is by his own admission a consultant (technical staff?) for the lahore consulate. not the US embassy in islamabad.

    Even if the Pakistan Foreign office confirms the US claim that he was granted a diplomatic visa he would still be assigned to the US consulate in lahore which would imply that the '63 Vienna treaty on Consular relations applies.

    He commited a serious crime therefore the vienna rules are null and void.



  • mujhay lagta hay hamien Davis ko marr kay wapis bhej dena chahiye .

    keh dein, ghalati ho gai.

    jiasay America weapons of mass destruction dhondnay mein mulk ujjar dalta hay

    aur sorry keh kay aagaye barrh jata hay.



  • the question is that why Davis bothered to kill 3 pakistanis,but it is reported that he killed them because he hired them for terrorist activites and he paid alot money to them and they failed to done job for him and Davis got angered and removed them from path as he afriad that any time if they arrested easily point finger towards him.

    now he will be freed sooon without action because he is US citizen they are allowed to kill pakistanis without any reason.



  • @gv

    I agree.

    Prosecutor should build a case on murders and take out a third parcha on espionage but must detail out countering what defense would build on i.e. immunity.



  • @irshad

    Davis killed two people not three at least get your facts right



  • His SSN 227-29-2744 is fake too, I looked it up it was issued in 1983 in VA.



  • @bo

    Thanks!

    i dont care if they transfer him to us custody id even accept a course of events leading to the state of pakistan versus the USA in the US supreme court or the Hague the point is that we dont buckle under the pressure and just meekly hand him over because big brother said so.



  • @gv

    The minute the case leaves Pakistan to a third country or US supreme, you can forget about it. The more the case lingers on the more likely he gets closer to immunity. So play it open and shut, he's no diplomat because of the facts then press charges and for God's sake keep your house in order, no discrepancies, stupid statements or anything along the way to create complications, stay put. How long it takes FO to check on something or make mind on a visa file? no more than 10 minutes. I just have a feeling Pakistan would blow it up as the start is not good (the weaknesses I listed in the first post). Ball is in Salman Bashir's court and we need him through out.

    Here's an example of Pakistan side's weakness if his status is per 1961:

    "The latest edition of Foreign Offices protocol manual (page 18) requires of all foreign missions to designateadministrative and technical staffasnon-diplomatic staff, even though it appears to be a clear deviation from the Vienna Conventions Article 37, which clearly states “members of the administrative and technical staff of the mission… shall enjoy the privileges and immunities”."

    But I think the convention said somewhere local law could supercede in some cases, but I'm not sure.