US diplomat can neither be arrested nor tried, govt informs court

–DAG tells court Col Hall’s name has been put on ‘blacklist’ to stop him from leaving Pakistan

ISLAMABAD: The federal government on Tuesday informed the Islamabad High Court (IHC) that the American diplomat who killed a motorcyclist in Islamabad cannot stand trial in Pakistan because of diplomatic immunity.

Deputy Attorney General (DAG) Raja Khalid, while submitting the government’s reply in the court, stated that US Defence Attache Colonel Joseph Emmanuel Hall can neither be arrested nor tried, however, his name has been placed on the blacklist.

The DAG asserted that the diplomat’s name is in the ‘black list’ according to which he cannot leave the country, however, he added that placing the official’s name in the Exit Control List (ECL) is a long process. To a query, Khalid said that the American diplomat cannot travel after being blacklisted. Travel restrictions for a person placed on the ECL or blacklisted are similar, he added.

The court asked the federal law officer to explain whether Colonel Joseph will be tried or punished under Pakistani or US laws. Moreover, the judge asked for an explanation regarding the Vienna Convention and diplomatic relations.

He directed the ministries of the interior, law and foreign affairs to submit their respective reports, answering the queries of the court on next hearing.

The hearing was adjourned for 10 days.

On April 7, US diplomat, Colonel Joseph Emmanuel Hall hit a motorcyclist with his Land Cruiser SUV as he jumped the traffic signal at the intersection of Margalla Road and 7th Avenue in the federal capital. The incident killed a youth while the pillion rider received serious injuries.

The deceased was identified as 22-year-old Ateeq Baig. A resident of Talhar village in Margalla Hills, his father is employed as a security guard at a public school in Saidpur village.

The diplomat was later released after Foreign Office (FO) said he enjoyed diplomatic immunity.

The Foreign Office summoned US Ambassador to Pakistan David Hale to record “strong protest” against the killing of the Pakistani citizen.

According to Article 29 of Vienna Convention on Diplomatic Relations, 1961, the person of a diplomatic agent shall be inviolable. “He shall not be liable to any form of arrest or detention. The receiving state shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity”.