Fauzia Wahab’s sedition against Pakistani courts

Now the cat is out from the bag, Information secretary of People Party has announced Zardari’s policy on Raymond Davis case. Fauzia Wahab’s connection with foreign intelligence agencies is well known and now she is taking direct advice from overseas embassy at Islamabad. U.S. embassy has refused to release murderers of third victim. What a nonsense peoples are sitting at Islamabad and Rawalpindi.

Following reports are self explanatory:

Davis immunity issue People’s Party, Presidency not on the same page

KARACHI: Raymond Davis, involved in the killing of two Pakistanis in Lahore, enjoys diplomatic immunity and the relevant law has to be respected, Secretary Information, PPP, Fauzia Wahab, MNA, said on Monday.
Talking to reporters at the Karachi Press Club, the PPP central leader said the Raymond Davis case was a sensitive issue and an unusual event. She said that those who were projecting the case had forgotten the diplomatic norms and that Pakistan was a signatory to the Vienna Convention. She said that these elements had also forgotten the Pakistani laws.
Reading from the diplomatic act of Pakistan promulgated in 1972, Fauzia said the diplomatic staff enjoyed immunity from arrest. She pointed out that article 29 of the Act clearly stated that diplomats shall not be liable to arrest. Fauzia said Article 37 of the same Act also extended the same immunity and privileges to the technical staff. “We should follow our own law if not the Vienna Convention,” she said, adding that official visa was granted to Davis and wondered as to why there was so much discussion on it.
The PPP leader claimed that the United States was the biggest market of Pakistani goods through which Pakistan earned four billion dollars annually. The lady legislator said around one million Pakistanis were living in the USA and 80pc of remittances came from there. She estimated that Pakistanis living in the USA had sent around six billion dollars as remittances this year. “We have to follow the international obligations,” she said, fearing possible impact of the Davis case on the Pak-US relations.
To a question as to whether the government would pursue the Davis case in court, Fauzia said as long as law was there, the judiciary would review on its own and take its course. Talking about former foreign minister Shah Mehmood Qureshi’s statement that Davis was not a diplomat, Fauzia said Qureshi had violated the party discipline. Qureshi has committed an act of indiscipline, she said
Ms Wahab admitted that Qureshi was a part of the PPP’s talks with former military ruler Gen Pervez Musharraf and added that it was also a fact that such talks had failed. Ms Wahab said individuals do not matter as the policy holds significance. She said with the change of foreign minister, Pakistan’s foreign policy would not be changed. She said it would not take much time to appoint a new foreign minister.
To a question about the status of MNA from Lyari Nabil Gabol in the party and as to why he was not invited to the meeting on the Lyari affairs at the CM House on Monday, Fauzia Wahab said Gabol was a party worker and an MNA and that’s all. It is the prerogative of the party to invite or not to invite any person, the PPP information secretary said, adding that individuals do not matter in the party.
Separately, Sindh’s senior minister and PPP Sindh general secretary, Pir Mazhar-ul-Haq, speaking at a press conference at the party’s provincial head Asim Yasin adds from Islamabad: PPP Information Secretary Fauzia Wahab said that she never mentioned the name of Raymond Davis in her press talk at the Karachi Press Club, but had only read out the international laws and relevant Pakistani laws on the issue of diplomatic immunity.
“What I said was only my personal view and it did not represent the views of the party and government,” said Fauzia Wahab while talking to The News on Monday. She said she did not hold any press conference as she went to facilitate the elected body of the Karachi Press Club and journalists were also present there and in reply to a question, she had explained the international laws that were signed by Pakistan too. “I never mentioned the name of Raymond Davis in the press conference but only mentioned the clauses relating to diplomatic immunity,” she said
She was of the view that she had only mentioned the clauses relating to the Vienna Conventions of 1961 and 1963 that was also signed by Pakistan and also Pakistan’s Act of 1972 with clause of 37/2.
“I read out the relevant laws and that’s all. Any how what I said were my personal views as a citizen of Pakistan and it had nothing to do with the party and the government’s policy,” she said.
Meanwhile, the government quickly distanced itself from PPP Information Secretary Fauzia Wahab’s statement regarding diplomatic immunity for the American killer Raymond Davis, sensing a strong public backlash. “It is not the policy of the government nor of the party,” said Presidential spokesman Farhatullah Babar when asked to comment on Fauzia Wahab’s statement.
He said that Fauzia Wahab had already clarified that what she said was her personal view. “The issue is in the court of law and would be decided there,” he said. When asked about reports on disciplinary action against former foreign minister Shah Mahmood Qureshi, Farhatullah Babar said the reports were not true.
Information Minister Dr Firdous Ashiq Awan, when asked to comment on the statement, said there was no change in the government’s policy on the issue and it was the court that will decide it and the government will respect its decision. She was of the view that the issue was a sensitive one and statements in this regard should be avoided as the case was in the court.

http://old.thenews.com.pk/15-02-2011/ethenews/t-4007.htm

ISLAMABAD: The Presidency on Saturday deputed a powerful federal minister to take the Foreign Office documents relating to the immunity of Raymond Davis in his control. According to sources, on Monday a top presidential aide gave the Presidency’s view on the question by widely misquoting the Vienna Convention.
However, after the press conference of Fauzia Wahab was telecast as the biggest breaking news of the day, suddenly Federal Information Minister Firdous Ashiq Awan gave the statement that it was the ‘personal views’ of Fauzia.
Later, presidential spokesman Farhatullah Babar made the same statement and denied what Fauzia had stated, apparently on behalf of the Presidency. “Presidency has nothing to do with Monday afternoon’s press conference at the Karachi Press Club,” Farhatullah Babar clarified shortly afterwards.
True to her reputation and track record, Fauzia Wahab massively misquoted the Vienna Convention to bail out the American double murderer and to give a new spin to the issue. According to credible sources, what she said was precisely the view of the However, the point of view of presidency surfaced only after 18 days of the incident of killing of three Pakistanis in Lahore because of the former Foreign Minister Shah Mehmood Qureshi who was offering great resistance against American’s pressure and was a big hurdle is fulfillment of desires of President Zardari. Qureshi’s latest statement almost foiled the Presidency alleged game plan.
Fauzia read in her press conference Article 29 and Article 37(2) of the Vienna Convention on Diplomatic Relations 1961 and concluded before a crowded press conference that Raymond Davis enjoys immunity. She said that according to Article 37(2) of this Convention, even the members of the technical staff of an embassy enjoy immunity from criminal jurisdiction. “Pakistan has signed the Vienna Convention so we will have to honour it,” she added.
Fauzia and some others are repeatedly misquoting the Vienna Convention due to unknown reasons. Following are few facts with regard to Vienna Convention.
- There are two different international conventions for diplomatic relations and consular relations. The Vienna Convention on Diplomatic Relations (VCDR) of 1961 deals with rules, procedures and privileges with the headquarters of diplomatic missions (generally call ‘embassy’) and situated in the capital of host country. Whereas Vienna Convention on Consular Relations (VCCR) of 1963 deals with the affairs of the consulates and privileges and immunities of consular officer and consular employees. The VCDR of 1961 in its article 31(1) and 37(2) give diplomatic agents (officials having diplomatic rank) as well as non-diplomatic staff (Administrative and technical staff) appointed in embassy immunity from criminal jurisdiction. This 1961 Convention is only for the diplomatic and non-diplomatic staff appointed in an embassy. However, the VCCR of 1963 though gave immunity to consular staff appointed in consulates but this immunity is not extended to the grave crimes and in such heinous criminal cases the only competent judicial authority will decide any such privilege.
- American killer Raymond Davis was appointed in US Consulate Lahore and thus is subjected to VCCR of 1963 where under article 41(1) of this convention there is no immunity for him. Following are some facts in this regard;
i)- Former Foreign Minister Shah Mehmood Qureshi has now confirmed that Raymond was appointed in US consulate in Lahore and same was in record of the Pakistan’s Foreign Office. The intimation of US embassy on January 20, 2010 was not accepted by the Foreign Office. Stance of Foreign Office of the host state has finality even in accordance with articles 9, 10 and 11 of VCDR 1961.
ii)- Raymond Davis told the top police investigators that he was appointed in US Consulate in Lahore.
iii)- Immediately after his arrest when some junior police officials asked him the exact question, “Whether you are appointed in US embassy” and he replied, “No. I am appointed in US Consulate.”
iv)- On January 27, 2011, the day of incident, US Consulate issued an official press release clearly stating that Raymond Davis is an ‘employ’ of US Consulate in Lahore.
- It happened only on third day of the incident that US embassy came on scene and issued a press release stating for the first time that Raymond was a US embassy employee. It was clearly at attempt to get VCDR of 1961 forcefully applied on Raymond so he can enjoy immunity from the heinous crime he committed.
- Either it is VCDR of 1961 or VCCR of 1963, the nomination notified by the embassy of the sending state must have nod/approval of the Foreign Ministry of the host state and if Foreign Ministry didn’t accredit any nomination due to any reasons no immunity could be claimed. The Article 9, Article 10 and Article 11 of the VCDR are very clear in this regard. However, the point of view of US embassy is this that they have notified the name of Raymond Davis to Foreign Office on January 20, 2010 where he was showed as member of the ‘administrative and technical staff’ so it has fulfilled its duty. But, the Foreign Office says it has never accepted this January 20, 2011 intimation and had objected on this in view of its doubts on ‘working’ and ‘duties’ of Raymond Davis and nine other similar personnel. “On not getting response from the US embassy a formal NOTE VERBALE was sent to US embassy on July 8, 2010 which bear objections on Raymond Davis and nine other,” says top Foreign Office officials. They say this very letter showed that Foreign Ministry has never accepted intimation of the US embassy regarding Raymond’s appointment in embassy.
- The most powerful evidence which Pakistan’s Foreign Office official have against the changing stances of American embassy and threatening attitude are two letters; one of January 25, 2011 and the second of January 28, 2011 (One day after incident). In January 25, 2011 letter (two days before the incident) US embassy sent Foreign Office a list of officials of US embassy whom cases were still pending for final accreditation and approval of the Foreign Office. This letter didn’t contain name of Raymond Davis and which according to Foreign Office officials clearly establish that US embassy after Foreign Office objections on Raymond conceded him as an employee of US Consulate in Lahore due to any reasons best known to them. They say that one day after the incident on January 28, 2011 another letter from US embassy solved the whole mystery. According to top Foreign Office officials this letter contained the name of Raymond Davis to be accredited as employee of the embassy by Foreign Office. “Obviously the letter was sent with the sense the Foreign Office will ‘obey the order’ but it was not done. And this very letter the biggest evidence that Washington is fully satisfied by itself that VCDR of 1961 is not applied in case of Raymond Davis as he was not accredited by Pakistani Foreign Office so it admitted the same in its January 28, 2011 letter and also started threats and other tactics,” to achieve its purpose.
- All this legal position establish that VCDR of 1961 could only be applied if the Foreign Office has acknowledged any intimation and in case of Raymond Foreign Office never issued any accreditation nor any card needed for the claim of this immunity.
- Even in USA, US State Department has the same procedure. A manual of guidelines for the law enforcement and judiciary issued by State Department in September 2010 clearly tells the concerned judicial authorities that until and unless any person claiming immunity doesn’t possess accreditation card issued by the US State Department also contains the immunity instruction, he will not be obliged with any kind of immunity. “Even if the person claiming immunity has this US State Department issued card with immunity instructions, the concerned authorities are bound to contact US State Department to verify the status of the person claiming immunity under Vienna Convention,” the US State Department document says. The same is the practice in all the country regarding implementation of the VCDR of 1961 or VCCR of 1963.

http://old.thenews.com.pk/15-02-2011/ethenews/t-4012.htm