Saturday, February 19, 2011

The Davis debate


THE stakes in the Raymond Davis saga are getting higher with each passing day. The US president has now himself claimed publicly that Mr Davis has immunity, and sent over Senator John Kerry to assert the same. This question is, however, far from clear-cut. For one, the actual role of Mr Davis here still remains murky. Even if one assumes he was performing consular
or diplomatic duties, the Vienna Convention provides different levels of immunity to various foreign representatives. According to the State Department’s own guidelines for American law-enforcement personnel, consular employees, for example, have more limited protection than embassy staff. This becomes doubly important when one considers the seriousness of the crime: Mr Davis killed two men in a gruesome act of murder, and, according to the police, not in self-defence. Given all these complexities, the US administration may be going too far in
its insistence that he has blanket immunity.

On the other hand, the Pakistani government has stated no clear view on the topic more than 20 days after the incident, and in the Lahore High Court on Thursday sought another three weeks to determine its stance. Given what is at stake in terms of US-Pakistan relations, and the opportunity that time will provide to conservative elements to fan anti-American sentiment, more urgency is needed. The PPP information
secretary added to the drama by claiming that Mr Davis had immunity and later stating that the view was her own, not that of the party.

Meanwhile, the former foreign minister and unnamed officials have claimed the government has already determined that Raymond Davis does not have blanket immunity. Mr Qureshi also said that a ‘third institution’ was present in the meeting where this finding was supposedly discussed, leading to speculation about the involvement of state institutions that should not normally be a part of such decisions. With all its claims and counterclaims, the Davis case has become an embarrassing example of delayed government action, irresponsible statements by current and
former government officials and speculation about the government’s
independence.

A more sensible handling of the problem is urgently needed from all parties. The US must ease pressure on the Pakistani government and judicial system as they determine the question of Mr Davis’s immunity. The Foreign Office and the law ministry should speed up this process to limit the drama being played out on the world stage and the possibility of right-wing elements exploiting it. Meanwhile, current and former government officials — as well as sections of the media — need to avoid fanning the flames of speculation that result from irresponsible statements and complicate the situation even further.


by Down news paper

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