Mr P J Crowley, spokesman of the US State Department has confirmed that the name of Raymond Davis has been misreported. It is abundantly clear that he had assumed a pseudonym. Only persons with nefarious aims tend to do so. Since the name is incorrect, it is obvious that whatever kind of visa, if any issued, under this alias, is also not valid. So his presence in Pakistan is also without lawful authority. Mystery still persists as innumerable questions arise not only from the media reports but also from the statements of the US and Pakistani Officials.
The very first question is what is the real name of the accused US citizen? Was he an employee of a private security firm of the USA as reported by ABC News and the Huffington Post or was this job a cover for his real identity as CIA agent as suspicions expressed by the US media? Did he legally enjoy any bona fide status in Pakistan? What was the purpose of his presence in Pakistan? What was the compulsion for him to visit Mozang in Lahore, one of the most congested localities, during the peak rush hours? Did any of the two victims fire any shots or throw any stones at him? Did he kill the two Pakistani young men in self defense or was it a callous willful murder? Why was he in possession of a huge quantity of lethal arms and riding in a car with forged number plates? Did Raymond Davis possess any license for his weapons? Where has the killer vehicle of the US employees disappeared to after running over innocent citizens, injuring several and killing at least one? Why have the local authorities not recovered this killer vehicle along with its driver and occupants?
Firstly, according to the news reports there is no doubt that Raymond Alan Davis is not his real name. Consequently he could not be in possession of a valid visa of any kind since certainty about his name is a pre-condition to determine the category of his visa or status in Pakistan, if any, held by him. Perhaps it is due to this fact that conflicting reports are appearing in some credible newspapers, about the class of his visa and period of its validity etc. One report claims that he visited Pakistan on a business visa at least nine times and his last Pakistani visa was issued last year for a period of two years. However, in a report emanating from diplomatic sources in Islamabad, he was granted a three-month diplomatic visa in September 2009 on a diplomatic passport and that was the only visa issued to him by the Pakistan Embassy in Washington. Both Government of Pakistan and US Officials are obliged to state the facts categorically to remove any confusion.
How and when the officials of the two governments will convey the facts to the Lahore High Court is yet to be seen.
However, what can be stated at present with reasonable certainty is the position in law about the status, rights and privileges of a foreigner legally living in Pakistan. According to the “Diplomatic and Consular Privileges Act IX of 1972 of Pakistan”, which has incorporated and enforced “The Vienna Convention on Diplomatic Relations 1961” and “The Vienna Convention on Consular Relations 1963”, and as held in the judgment of the Sindh High Court in the case of Mrs Z A Qadir vs Union of Soviet Socialist Republic PLD 1981 Kar-715, to successfully claim diplomatic immunity, two preconditions must be satisfied: Firstly a “diplomatic agent ought to be a member of the diplomatic staff” and secondly it ought to be established that, “proceedings initiated against him relate to his functions and duties as a diplomatic agent”
Surely to kill Pakistani citizens cannot be included in the official functions of a genuine diplomat, by any stretch of logic or law. I am very doubtful if Raymond Davis, or whatever is his real name, would succeed in satisfying any of the said two conditions of the Vienna Convention to claim diplomatic immunity. The plea of self-defence is not likely to save his neck under the circumstances of this brutal murder. The Government of Pakistan can prosecute not only Davis for the huge number of aforesaid offences committed by him, but also the driver and occupants of the other backup vehicle, which ran over several citizens killing one and injuring others.
I hope the US Officials would agree that their lawful presence in Pakistan is to eradicate terrorism rather than to promote it, which Davis seems to have done. I may also emphasise that rights & privileges, if any available in law, can only be exercised by a person, foreigner or local, with good faith and bona fide intentions and are not available in law to hide a crime and escape punishment.
The writer is a Senior Advocate Supreme Court, former Attorney General & Federal Minister for Law, Justice, Parliamentary Affairs & Human Rights. He can be reached at ihaider45@yahoo.com