The crimes of the diplomats to go unpunished

Christopher Nardi

Monday, 31 July, 2017 06:30

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Monday, 31 July, 2017 06:30

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OTTAWA | experts, activists and even a former police chief say they are frustrated by the current immunity that allows certain foreign diplomats escape to the canadian act, and this, even if they are suspected of serious crimes.

Human trafficking, dangerous driving, theft, domestic violence, and unpaid bills. Each year, foreign diplomats commit offences which require the intervention of the authorities.

However, unless a rare exception, these foreign agents escape justice in canada thanks to the diplomatic immunity afforded to them under the Vienna Convention.

For example, last month, the Ottawa police suspected an employee diplomatic of dangerous driving that would have caused an accident involving several vehicles. In another case, in 2016, the authorities suspected him of other things, the trafficking of human beings in their embassy.

On the rise

These information are contained in reports produced by the Office of Protocol. The Newspaper has obtained a copy of all reports between September 2015 and June 2017 under the law of access to information.

While there were 12 incidents between September and December 2015, this number has not stopped increasing since. There are about 25 per quarter now. Approximately 6000 people have diplomatic immunity in the country.

“Nonsense,”

However, it should not give carte blanche to the diplomats believe many of the stakeholders.

Photo courtesy

Vernon White

Ex-chief of police, Ottawa

According to the former Ottawa chief of police, now senator, vern White, the diplomatic staff should not have to pass law for certain types of crimes such as “sexual assault, human trafficking, homicide, impaired driving causing death”. In these cases, Mr. White suggests instead that diplomats should justify the application of immunity.

Same sound of bell on the side of MADD, who fight against the criminal acts behind the wheel.

Photo courtesy

Andrew Murie

MADD

“It is completely insane that diplomatic immunity applies to offences of dangerous driving,” laments the executive director, Andrew Murie.

On the corporate side of the children’s aid of Ottawa, it indicates that there are more and more reports of cases of abuse of children in the diplomats. However, it is not always easy to respond quickly because of the sensitivities of diplomacy.

– With the collaboration of Olivier Charbonneau

Some examples of crimes and offences

Allegations of assault

• The Company of the children’s aid of Ottawa is in regular contact with parents, diplomats and their children following accusations of assault potential. Only between march and June 2017, the CAS has received four alerts involving families of diplomats, which was so urgent that the agency has had to intervene on the same day.
• In other cases, the police must act within the framework of spousal violence alleged. In march, the RCMP responded to a call involving a diplomatic agent in Ottawa who had already been accused of spousal violence in the past.

Dangerous driving

The foreign agents are not generally subject to fines and sanctions of the Codes of the road safety provincial.

• This summer, the police suspected a political attaché to the embassy in Ottawa of dangerous driving that would have caused a major accident involving several vehicles. The protocol Office has asked the government to the employee to waive his diplomatic immunity, but has not yet received a response.
• In 2016, the police have arrested a diplomat from a consulate in montreal, who was travelling at over 50 km/h over the legal limit and wanted to accuse him of involvement in a street race. They should, however, wait for his immunity to be lifted.

Flights passports

The canadian passports are not only valued by some people outside the country. When it comes to diplomatic agents of foreign be caught in the act.

• In the spring of 2016, the Office of protocol had to recall all diplomatic agents in Canada what was the legal procedure to obtain a canadian passport after having discovered that a foreign diplomat had acquired an “illegitimate” during his stay in the country.

Human trafficking

• In the summer of 2016, the Ottawa police suspected that a member of an embassy was human traffic. A complaint alleged under-payment of employees who worked a number of hours unthinkable, lack of food and care and exposed to physical and verbal abuse. A person has the same complaint of having been embarrée in his room at the end of their shift to prevent it from leaving the site.
• As early as march 2016, Ottawa has uncovered numerous abuses in the residences of diplomatic and consular in Montreal after interviews with a dozen of servants. Among these, the Office of protocol has detected an unacceptable working conditions and numerous criminal offences.

Unpaid accounts

Some consulates and embassies are real cancres when it comes time to pay their bills.

• In June, the Office of protocol, reported that a diplomatic mission was nearly $ 300,000 to the City of Ottawa, for municipal taxes and water bills unpaid.
• In the spring, reports indicated that an embassy was more than $ 10,000 in salary and fringe benefits not paid to its employees.
• In march 2016, the Sainte-Justine hospital complained to Ottawa an employee of a consulate in montreal that was still 10 000 $. Three months later, this person still owed them over $6000 can.
• In 2015, a property owner complained that the embassy owed him more than $ 23,000 in rent and unpaid fees.

Sources : quarterly Reports of the Office of protocol of Canada, obtained by virtue of the Law of access to information. These reports are heavily, heavily censored, hiding the identity of the foreign agents, the country of which they are derived, as well as some of the details of the crimes committed.

Immunity essential according to ex-ambassadors

OTTAWA | former ambassadors canadians believe that diplomatic immunity is essential to protect our diplomats abroad, even if they admit that it can be “frustrating”.

Photo courtesy

Serge April

Ex-ambassador of Canada

“There are certainly places where one is very happy to be covered by the Vienna Convention and diplomatic immunity, including countries where the law is applied to the taste of the rulers or when there are tensions between Canada and the country that welcomes us,” says the former director of legal affairs at the ministry of foreign Affairs, Serge April.

“[The immunity] may create situations which are very frustrating in Canada, but, in practice, I don’t see what the canadian government could do against those who commit crimes”, he continues.

Photo courtesy

Ferry De Kerckhove

Ex-ambassador of Canada

Even the sound of a bell at the ex-canadian ambassador Ferry De Kerckhove, who adds that the countries have little recourse against foreign diplomats, in addition to the political pressure. Recall that the families of the diplomats also enjoy immunity.

Canada can also ask the countries of the one sent to lift his immunity policy and, in extreme cases, to expel him from Canada in declaring him persona non grata.

“There is really no means of oppression, only a means of pressure. It must be remembered that if take to a diplomat may directly affect the ties between the two countries, so what are the issues extremely sensitive,” Mr. De Kerckhove.

Waive the immunity

For its part, global Business Canada says take seriously the allegations of criminal acts that involve diplomats.

“When the police support the criminal charges against a person with diplomatic status, Canada requests that the State of origin waives the right to invoke diplomatic immunity so that the case is tried in Canada”, stated by e-mail to the spokesperson for Austin John.

However, the foreign countries accept very rarely comply with this request and that charges are brought against their diplomats, nuance Mr. De Kerckhove.

In case serious, Canada is ready to go up to the expulsion of the diplomat, added the spokesman Austin John. He also recalled “that a very strong majority of the diplomatic community present in Canada complies with the laws and regulations.”