Malik clears the air on Davis’ immunity

Published: February 3, 2011

Malik tells Senate members that Davis does hold a doplomatic passport and visa, corroborating the US stance.

ISLAMABAD/LAHORE: The government has corroborated the stance of US authorities on the status of Lahore double shooting accused Raymond Davis as a diplomat.

Supplementing a statement the US embassy released three days after the incident, Interior Minister Rehman Malik told members of the Senate on Wednesday that Davis does hold a diplomatic passport and visa.

“Raymond Davis holds a diplomatic passport … he travelled to Pakistan on a diplomatic visa given [to him] after clearance by security agencies of the country. Pakistan is a signatory of certain international protocols (on diplomatic immunity), which we cannot violate,” Malik said. He also claimed that he personally holds Davis’ file, which contains all his records.

However, he said, following the court’s instruction, Davis’ name had been added to the Exit Control List (ECL) and he cannot leave Pakistan. Reiterating the Pakistan Peoples Party’s (PPP) stance, he said that Davis will be treated in accordance with the law of the land and courts will decide his fate.

He said that central and provincial governments will not hinder court proceedings. “We will follow whatever the court has said and will provide all information regarding the case,” Malik said.

However, he said open debate on such a sensitive issue will be inappropriate as it might influence the Punjab police’s investigations. He said findings will be shared with the house as an investigation report comes from Punjab.

Witness statements recorded

Meanwhile, following orders of the Lahore High Court (LHC), the city police recorded the statements of all four witnesses in the double murder case.

LHC Chief Justice Ijaz Ahmad Chaudhry had passed the order while disposing of a writ petition challenging investigations against Davis and accusing police of favouring the accused and not recording statements of witnesses, a mandatory requirement under section 161 of the Criminal Procedure Code (CrPC).

Imran Haider, brother of Faizan Haider who was gunned down by Davis, has filed the petition. He said that after registering a FIR on his complaint, the police did not record his statement or those of other witnesses “to favour the accused”.

Haider had also submitted that the case requires a high-profile investigation team, comprising upright and reputable police officers.

The deceased’ family members held a press conference and announced that they will hold a protest rally that will begin from the scene of the incident and culminate at the US consulate in Lahore.

In a related case, Justice Chaudhry directed a petitioner to approach the relevant district and sessions court that will hold Davis’ trial for a request to insert provisions from the Anti-Terrorism Act (ATA) in the FIR registered against Davis. The petition was then disposed of.

Petitioner Advocate Rana Ilamudin Ghazi had sought an order that police insert provisions from the ATA and that Davis must be tried by a special anti-terrorism court.

Meanwhile, a petition filed before the LHC sought directives to the federal interior and foreign secretaries to disclose the nature of Davis’ visa and information about all foreigners operating in Punjab.

Petitioner Advocate Noshab A Khan prayed to the court to direct both the federal secretaries to supply all necessary information to the Punjab interior secretary about foreigners in the province, their whereabouts, movements and the nature of their duties.

Arrest put on record

Lytton Road police has put Davis’ arrest on record in the second FIR registered against him under charges of carrying an illegal pistol, police sources said.

The police registered a second FIR against him on January 29 but did not put his arrest on record. An investigation officer also said that his arrest was delayed for different reasons. “Firstly, his remand in the murder case lapses today, when he is due to appear before the court. We wanted him to appear before both the courts in one visit, owing to security reasons. Secondly, we were waiting for proof of legality of the weapon, which the US consulate hasn’t provided,” he said.

According to investigators, there is proof that Davis did not reside in the American consulate but in a rented building in Lahore Cantonment, with some other foreigners.

Meanwhile, Carmela Conroy, principal officer of the US consulate in Lahore, and her delegation met Davis in police custody.

The investigation team met Lahore Police Chief Aslam Tareen and discussed possibilities to identify the vehicle that reached to rescue Davis but fled after crushing a man.

Published in The Express Tribune, February 3rd, 2011.

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Reader Comments (32)

  • Feb 3, 2011 - 7:54AM

    Finally it has to go this way :(Recommend

  • S. Asghar
    Feb 3, 2011 - 8:33AM

    Malik could NOT add that Raymond did not came to Pakistan on Diplomatic Visa from Washington (US). He has been issued a Diplomatic Visa from Islamabad (Pak).

    Epic!!!Recommend

  • Speak your mind
    Feb 3, 2011 - 8:54AM

    Malik is slowly preparing Pakistan to accept that he is a diplomat and international rules will apply – meaning he will be let go. This way the “land of the law” holds, the courts will go with the international law, he is returned to america, and all promises are kept.

    I am sure he is a little disappointed he could not use his “conspiracy theory” to use in this case.Recommend

  • Jawad+Iqbal+Jawad
    Feb 3, 2011 - 9:53AM

    We, as nation should not expect any good things from our so-called and imposed leaders like Mr. Malik. Instead of clearing up things he is just confusing them. He says that Raymond Davies does hold a diplomatic visa and passport and Mr. Malik’s masters, Americans, themselves says that the actual name of the murderer is not Davies. It is his fake name and they are not ready to explode his identity. If it is os then Mr. Malik must have cleared what was Davies doing on the soil of Pakistan. A common can evaluate it correctly that a foreigner staying in Pakistan with his fake identity must be a spy and a spy must be dealt accordingly whether he is an Indian or American spy. But our Federal Interior Minister and Senator Mr. Rehman Malik (Ex DG FIA) is unable to understand it. Recommend

  • Mohammad Ali Siddiqui
    Feb 3, 2011 - 9:59AM

    Trouble Shooter Interior Minister Rehman Malik has emerged on the scene to rescue American Taliban Raymond Davis who shot two innocent Pakistanis in Lahore, made movie from his cell phone and then killed the third person while fleeing from the scene.

    The print and electronic media has already obtained the copies of Raymond Davis passport and visa issued to him and has shown on various TV channels to which 18 crores people of Pakistan are witness to it that Raymond Davis does not hold diplomatic immunity.

    The reason behind rescuing Raymond Davis is that there may be a time when Rehman Malik may ask US government to rescue him from Pakistan when PPP will not be in power any more and return the favour.

    People of Pakistan have full confidence and trust in the Judge of Lahore Court and hope that he will do the justice with the families of the deceased people.

    Why Rehman Malik is not exerting pressure on US Consulate Lahore to hand over the driver of the man and other staff sitting in the vehicle who killed the third person riding on motorcycle and does not hold either diplomatic passport, nor hold diplomatic visa?

    Government of Pakistan is an ordinary slave of US since its independence. Musharraf had sold uncounted Pakistanis after receiving dollars from US and it is time for PPP government and its interior minister to sell Pakistan’s interest to US.

    Despite independence, we are not among the sovereign nations. Recommend

  • Saad Durrani
    Feb 3, 2011 - 10:00AM

    diplomatic, not doplomaticRecommend

  • amir
    Feb 3, 2011 - 10:46AM

    Carmela Conroy should be shocked to see the ‘love’ and ‘support’ from the commoners , who are more drone to ‘ Drones’. She’s use to mingling around elites of the city at the Savvy PR and Event’s Parties or to model for the Sunday Magazine fashion pages. FYI Ms Conroy this is the rule of law as you practise back in your own home. Facing the commoners may be slightly different experience as compare to gracing people’s pages of glossies, draped in a Banarsi Sari bought from Cavalry Grounds.Recommend

  • Abu Abdullah
    Feb 3, 2011 - 10:52AM

    Shame on our spine less leadership.Recommend

  • Khalid Khan
    Feb 3, 2011 - 11:21AM

    Diplomatic imunity is a “LICENCE TO KILL”. How about ourdiplomatic staff killing BJP Shivsena leadership or an Arab Diplomat bombing Israeli leader Ship????Recommend

  • Imran
    Feb 3, 2011 - 11:29AM

    Not like that :(Recommend

  • Masroor
    Feb 3, 2011 - 11:38AM

    Enough is enough!

    I think this should be the last nail in their coffin, now people should stand against these leaders & this system, it shouldn’t be tolerated.

    our politicians trying their best to release raymond

    o people!

    plz condemn this at every nook & corner using any means (SMS, emails, Blogs etc)Recommend

  • khank
    Feb 3, 2011 - 12:14PM

    Poor Pakistani third class leadership how they change with every mintue as soon as pressure arrives fm uncle sam govt .. some day he was saying davis is on biz via and now diplomatic visa . feel shame being pakistani to have such ppl in govt.. i think once american senator rigthly said that pakistani leader can do every thing for dollars only dollars .. good luck pakistan that you still on world map beside such leaders who are arleady exposed by WIKILEAKS some month ago..

    Sorry for the family of those young man family who has been killed by CIA AGENT DAVIS..He will be soon in USA becuase our interior minister saying he is diplomat and how good diplomate who can eaisly handle dangerous weapon so eaisly in day light to kill pakistani becasue they never care Pakistani blood as they know very well GOVT to how purchase them with DollarsRecommend

  • Amanat Ali
    Feb 3, 2011 - 12:26PM

    Malik is telling lie. Davis is not official member of the US embassy. He was on secret visit to Pakistan as a agent of US agencies. Now our Govt is protecting him and going against its own citizens and lodged FIR on two of them. Lets assume the both were docaits then davis or other Americans should be chaged under 302 of innocent Abadullah. Anyhow davis is a criminal he should be trated as US treats our citizens. thats allRecommend

  • Feb 3, 2011 - 1:00PM

    So there is a clear shift in govt position and there is every likelihood that they are going to succumb to the external pressure.Recommend

  • Raj
    Feb 3, 2011 - 1:32PM

    I am following this story since day one. Shame on Pakistan’s government for back dating his status. In the days to come, Pakistani government will support that he acted in self defense. Two years ago, an Indian Muslim doctor was accused of terrorist activities and deported to India by Australia. India supported him because he was not a terrorist. The Australian government apologized and gave him his Australian Immigration back. This David guy would have definitely got a jail term in the USA for killing US Citizens regardless of his status. Recommend

  • Timinology
    Feb 3, 2011 - 1:43PM

    It is ridiculous how Malik first says that Davis does indeed hold a Diplomatic Visa, and that Pakistan will not violate the Vienna Convention and then does a complete about turn by saying that the due course of law will still be carried out within Pakistan. It is contradictory, ill informed, politically motivated statements like this by our so called leaders that have destroyed our Nation and pulled the wool over our citizens eyes since inception. Nothing can be taken on face value.

    The correct stance should have been, if indeed what Malik saab says is true, that although Davis does hold a diplomatic visa, the Vienna Convention does not act as a blanket shield for all diplomats to roam rambo on the streets of the receiving country. Firstly and foremost the laws of the visiting country are to be strictly abided by all foreigners diplomatic or otherwise, secondly the Charter does not provide blanket immunity for heinous or serious/capital offences. Even if Davis was being mugged, he faces manslaughter charges, unless he apprehended immediate life threatening danger to his person, which needs to be proved beyond reasonable doubt since that is the defense he has raised. The onus is upon him. The U.S should revoke his status, and if they are adamant about his repatriation it should be on the condition that he stands trial for his reckless actions back on home turf. The prosecution team should be authorized, competent U.S lawyers, sent on behalf of the Government of Pakistan. Conversely if Pakistan refuses, which it should, then Davis should be appointed a team of U.S defense lawyers to appear on his behalf at whichever legal forum the proceedings take place in. Such a measure will uphold the due process of law and ensure fair representation for both sides.

    Ideally the matter should be adjudicated upon at an International unbiased Court, the decision of which should be upheld and respected by both Countries involved, but in a unbalanced world like ours, such ideals are consistently beyond realization. Recommend

  • Iftikhar-ur-Rehman
    Feb 3, 2011 - 1:48PM

    Well he had a visit visa which has suddenly changed into a Diplomatic visa!!! Fantastic !!! Recommend

  • zaigham
    Feb 3, 2011 - 2:16PM

    if he is a diplomat then he should be freed…Recommend

  • edgarm
    Feb 3, 2011 - 4:13PM

    He will be on a flight to the US while Ms Aafia remains in jail..Recommend

  • SUB
    Feb 3, 2011 - 5:00PM

    Sadly my fellow countrymen. But you must have done some thing grave to have deserved this leadershipRecommend

  • Feb 3, 2011 - 9:41PM

    Very soon Interior Minister Rahman Malik will arrange a “Raymond Davis Cup Tournament” in Pakistan between Pakistan Eleven versus American Taliban in which the Chief Guest will be Rahman Malik and the ultimate winner will be Raymond Davis.

    Mr. Rahman Malik will hand over the trophy to Mr. Raymond Davis for killing three Pakistanis at a time and then happily flying back to US as a winner.

    Hundred of Thousands American will come to receive him at Washington DC Airport. He will be garlanded and then drive straight to White House to meet President Barack Obama who will be waiting to receive Raymond Davis at the main gate of the White House. Recommend

  • American
    Feb 3, 2011 - 11:22PM

    Guys, from day 1…Raymond held both a Diplomatic Passport and a Diplomatic Visa.
    The documents published in Pakistan Papers prove it.
    Every one in Pakistan, especially the media, are misleading the public with false interpretations…simply to enjoy the public mood.
    Raymond is not the first diplomat (and will not be the last) to be involved in crime, while posted to another country. Murder, Accident, Explosives, Heroin, Sex, Prostitution, Wife Beating, etc., etc.,…
    In each and every case, if the home country insists on immunity….they get it.
    In rare instances (Georgia/USA), the home country “waives” immunity, and then and then only, they are prosecuted according to the laws of the visited country.
    All this talk of “law of the land”, and “Pakistani law” is irrelevant hyperventilation. Recommend

  • Syed
    Feb 4, 2011 - 1:41AM

    The court decison should be the turning point… Like egypt … This may be the start of Inqilab.. that everyone wishes…!!Recommend

  • Adnan
    Feb 4, 2011 - 7:59AM

    Is it not the responsibility of Foreign Ministry to clear American killer’s status? Why is Interior Minister encroaching on Foreign Ministry’s domain?Recommend

  • Aamir
    Feb 4, 2011 - 8:07AM

    @American:

    If Pakistani media is misleading the public then what is your say about American mainstream media who has declared Mr. Davis an employ of a private security firm. Why the US State Department is hesitant to disclosing his real identity, shame on you people who preach about the rule of law, democracy, human rights and freedom of speech but when it comes to you Americans then there is no value of rule of law, democracy, human rights or freedom of speech. Recommend

  • Wowem
    Feb 4, 2011 - 1:16PM

    Let’s do some old-fashioned yet innovative justice. Since the writing on the wall says both hateful murderers, Raymond and Mumtaz Qadri will soon be let go, let us have them fight a duel to the finish. Venue can be Qurtaba Chowk and weapons can be their favorite except that Raymond should also have a bullet proof jacket since he has ‘diplomatic immunity’; he also deserves bullet immunity in view of his exalted status. Recommend

  • Ali
    Feb 4, 2011 - 9:07PM

    If he does have it and the diplomatic visa, please then show it on TV so that everyone can see that he really has it… but still does that mean he can get away with murder???Recommend

  • Rizwan
    Feb 7, 2011 - 2:26PM

    Even if Raymond davis holds a diplomatic status but he`ve killed 3 innocent pakistanis Mr.Interior minister & every pakistani wants that he be dealt with the same manner, nothing less than that !!!Recommend

  • allah hu
    Feb 7, 2011 - 4:39PM

    @zaigham:
    please search the google and search the facts… all the pakistan media have show in TV channels that his visa was personal business visa…NOT a Diplomatic visa…so there is no “if” or “but”
    on top of that does diplomatic visa means, one can kill and get away.. and no one or two but three killings..
    he shot one person while that person was running away… is that a target killing or killing in self defence..?Recommend

  • yasir
    Feb 8, 2011 - 5:40PM

    Davis is not a diplomat because on 25th of December Davis name was not include in the list of American diplomats.A private TV channel has got the list of Americans diplomats on 25th December.In the list of 25th December Davis name was not include.His name was included after this incident.So don’t try to hide the truth. Recommend

  • Malik Taimour
    Feb 22, 2011 - 1:04PM

    Mr. Rehman Malik should feel shame of declaring the American Spy Raymon Davis as a diplomat. We should not tolerate people like Rehman Malik in Pakistan Government. Pakistani media revealed that Raymond is not on a diplomatic passport nor he is a dimplmat. He is american spy and doing terrorist activities on our soil. The government has failed, now ISI and army should do something in Raymond Davis case.
    “Raymond Davis must be hanged” this is the voice of every pakistani.Recommend

  • Khalid
    Feb 22, 2011 - 1:16PM

    Every proceeding must be according to Pakistani courts of lawRecommend

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