Davis won’t be tried for espionage, Kerry assured

Published: February 19, 2011
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US senator John Kerry (L) shakes hands with Pakistan's Prime Minister Yousaf Raza Gilani prior to a meeting at The Prime Minister House in Islamabad on February 16, 2011. PHOTO: AFP

US senator John Kerry (L) shakes hands with Pakistan's Prime Minister Yousaf Raza Gilani prior to a meeting at The Prime Minister House in Islamabad on February 16, 2011. PHOTO: AFP

ISLAMABAD: Pakistani authorities have assured US Senator John Kerry that American “consular employee” Raymond Davis, who is facing double murder charges, will not be tried on espionage charges, The Express Tribune has learnt.

Senator Kerry, who had spearheaded the $7.5 billion aid package for Pakistan in the US Congress, had a whirlwind tour of Pakistan on Tuesday to discuss the Davis issue.

This is notwithstanding the fact that Davis has admitted during the course of investigation that he was involved in spying in Pakistan. Sources say that the police have a recorded a confessional statement made by Davis.

Sources told The Express Tribune that Senator Kerry was also assured that Islamabad would not demand the custody of the three US nationals, who were in the vehicle which had crushed to death another Pakistani and are now believed to be hiding in the US consulate-general in Lahore.

They were in a Prado jeep trying to rescue Davis after he allegedly shot dead two young motorcyclists in a busy marketplace of Lahore on January 27.

The Punjab police and intelligence officials, however, claim that they have strong evidence suggesting that the three men are also high-profile ‘spies’ like Davis.

“The evidence was provided by Davis in his confessional statement during investigation,” a senior police official told The Express Tribune, requesting anonymity. “We have concluded that a gang of American spies is active in Punjab and other parts of the country,” he added.

The official said that “besides Davis’s confessional statement we have every reason to believe that the three absconding persons were his collaborators.”

“They must be involved in  spying like Davis. If this was not the case why did they flee the crime scene in panic,” the official said. “In their panic, they had crushed to death a motorcyclist under their SUV while fleeing the scene.”

The official questioned why nobody was demanding diplomatic immunity for the three men, if they were members of the US mission in Pakistan. “This criminal silence on the part of the Americans shows there is something fishy,” the official said.

The official believes that the mounting US pressure for Davis’s release was aimed at covering the three ‘agents’. “None of the US officials has spoken a single word about the three US nationals believed to be hiding in the US consulate-general in Lahore.” “Protecting the people wanted by police is a serious crime,” the official said and added that under the international laws, protectors of criminals are considered to be collaborators in the crime.

The Punjab police have requested the ministry of foreign affairs for help in getting the custody of the three US nationals but to no avail. The capital city police officer Lahore (CCPO) has also informed the ministry about the contents of the FIR registered against the ‘unidentified’ men travelling in the consulate’s Prado.

The Prado jeep is said to have a fake registration number, which was originally issued to a Suzuki Cultus car.

Investigators believe that the three American nationals who had come to Davis’s rescue are also US spies and they had come to the scene to take safe custody of secret documents and photographs from Davis.

“We have every reason to believe that Davis had called the three men to collect the ‘material’ which is now in the possession of police,” the official said.

The Punjab government’s unflinching stance on the issue stems from the fact that it is convinced of Davis’s involvement in anti-Pakistan activities, a source said.

Meanwhile on the political front, President Asif Ali Zardari, Prime Minister Yousaf Raza Gilani and Army chief General Ashfaq Parvez Kayani had a meeting at the President House where the Davis issue, particularly the mounting US pressure for his release, was discussed.  A short statement issued after the meeting did not give details of the meeting.  “Issues relating to the war against militancy were discussed during the meeting,” it said. However, sources said that the meeting focused on the Pak-US diplomatic spat over Davis and Pakistan’s policy viz-a-viz the issue.

Published in The Express Tribune, February 19th, 2011.

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Reader Comments (22)

  • ali
    Feb 19, 2011 - 8:15AM

    Armed US spies are roaming the streets with our govt permission. Rehman Malik says that there are no active members of black water in the country. Our leaders have sold our country for $7.5 billions. Peoples should question the govt that why they sold our freedom ?Recommend

  • Ali Haider
    Feb 19, 2011 - 9:12AM

    I recall what the saudi prince said about our leaders: “when the head is rotten it ruins the entire body”. Although this applies to them as much as I does to us. I hope our leaders are also tried in court for their lies.Recommend

  • jamila
    Feb 19, 2011 - 9:32AM

    I say only one thing regarding that why U.S left the spies in Pakistan.is it include in their vowed mission.if there will be a Muslim except Raymond Davis,he will be certainly terrorist,& he will be charged high treason.Recommend

  • Mohammad Ali Siddiqui
    Feb 19, 2011 - 9:56AM

    It is not necessary that the three US Nationals would be hiding in the US Consulate in Lahore. There is a possibility that all of the three spies have left Lahore and went to US.

    Nevertheless, Punjab Government as Government of Pakistan should keep an eye on every American leaving Pakistan from any port of exit. If they are hiding in US Consulate Lahore, they may try to slip out of Pakistan.

    Government of Pakistan should not show any leniency against Raymond Davis or the other three spies and all of them should be tried for espionage.

    If US will catch any Pakistani spy in US, will it spare the Pakistani spy? Why we have a tendency of bowing before US every time and each case. Americans are not angles. The Government must investigate each and every aspect of Raymond Davis case and I am confident that ultimately it will be revealed that US was involved in Lahore terrorists act and in other parts of Pakistan.

    From one hand US is giving money to Government of Pakistan to fight against terrorism to eliminate the Mujahideen and on the other hand US is involved in subversive activities in Pakistan to break Pakistan in bits and pieces. Recommend

  • F Robinson
    Feb 19, 2011 - 10:38AM

    Pakistan should obey international law and set the US diplomat free.
    Raymond Davis a US diplomat can not get justice in Pakistan. Few weeks ago Pakistani lawyers defended the policeman who killed a provincial governor while the case is Sub judice.
    In Pakistan word of a fanatic mullah is the law of the land.Recommend

  • kumar
    Feb 19, 2011 - 11:02AM

    Davis has been doing a lot of useful work with the drones which has been interrupted, time he got back to that. Hope the genuine pakis are grateful for the difficult and dirty work he’s been doing.Recommend

  • shah sufi
    Feb 19, 2011 - 11:13AM

    We cannot blame everyone in the world for our own inability to look after the affairs of our county. The present situation is the result of our rulers, lying down flat like a carpet. When you let others walk all over you. Then you cannot complain. Our president has growled at the feet of the U.S. Administration “we are here because of you.Recommend

  • Safwan
    Feb 19, 2011 - 11:22AM

    The American spies are operating under a contract between pakistan and the US, which has the consent of our civil and military leadership, so it is in their own interest to prevent any proceedings in that regard. Actually it is the military leadership that makes such contracts. So, don’t worry about a thing you Americans, these ‘loyal’ servants will protect your interests, come what may!Recommend

  • Qamar Khan
    Feb 19, 2011 - 12:30PM

    If the alleged are confirmed spies ( which leaves no doubt ) tey should be charged with espionage. I wish our spineless leaders/politicians act in the best of our nations pride. The question of best interest of the nation has been piliticised a lot lately. So its all about honour and pride of the Nation. I hope we as a nation are not spineless..Recommend

  • Iftikhar-ur-Rehman
    Feb 19, 2011 - 1:21PM

    I believe he should be tried for espionage and also all the suicide bombing in Pakistan as it has been reported that he was in contact with TTPRecommend

  • khan
    Feb 19, 2011 - 1:43PM

    this is the first objective report showing the exact situation of the davis Sega. the media itself had not given true picture or perhaps does not know the real situation. so it is encouraging that people like this reporter has contacts to very far level and he posses the guts to express the truth in front of every one. we do expect a lot of work in similar cases in future as well. be brave and we all support your vision and quest fro truth. we also respect your dedication and patriotism.Recommend

  • asmat
    Feb 19, 2011 - 3:13PM

    @F.ROBINSON

    respect the law ….and stop sending terrorists to our country…even wen 26/11 took place there came up a news that these ppl were being funded by the americans and they gave them enough amount to go and do this thing..Recommend

  • Nasir Jamal
    Feb 19, 2011 - 3:13PM

    It is a known fact that CIA has bases in Pakistan. Not a new thing as some people tend to believe. The secret US bases have always been in Pakistan perhaps from 60s. We Pakistani as a nation seem to confuse things almost always. Americans always work to secure their interests. They are not actuated by friendship and charity. Whatever they do they do it for their interest.

    If we have to maintain friendship with the US and resist their influence then we must resist temptation to accept their “aid” first. If we take “aid” then we must not complain.Recommend

  • Asif Butt
    Feb 19, 2011 - 4:29PM

    @ F. Robinson

    Mr/Ms F Robinson , please take caution while commenting on our DOMESTIC ISSUES.

    The US/West can fancy having some control over our corrupt government & politicians , but this is the matter of the PEOPLE OF PAKISTAN

    I advice you AND I DEMAND OF YOU to think and comment on this matter with respect.

    If you are american then let me also address you directly and warn you that no matter how stable the US may have been economically and militarily , THE WORLD HAS CHANGED. So face it dude !

    It can very easily turn out that the US will have to face dis grace based on their history of global ventures . SPECIFICALLY THEIR STATE SPONSORED TERRORISM / SUPPORT TO ISRAEL.

    So Mr/Ms F Robinson , DONT MESS IN OUR DOMESTIC MATTERS. MIND YOUR OWN BUSINESS.Recommend

  • Khalid Rahim
    Feb 19, 2011 - 4:33PM

    @F Robinson:
    How is weather in Mumbai? You should be more concerned with the forth coming finals in case
    Pakistan happens to be one of the finalists. What would you be doing next!
    Recommend

  • rehan
    Feb 19, 2011 - 5:20PM

    @F.Robinson. Which international law was US respecting when it invaded Iraq despite UN criticism? Just yesterday US again vetoed and supported a country which has ON RECORD of making most International Law violations.Stop lecturing us on morality and legal issues please…Take back your “SPY DIPLOMAT”, but please(we ‘beg’ you again) hand over to us those three murderers which the US hasn’t yet ‘declared’ as “DIPLOMATS”.Recommend

  • Aamir
    Feb 19, 2011 - 5:40PM

    Pakistan is not a Banana republic nor the people of Pakistan are tissue papers. But our leaders have no dignity and self respect and hiding in their cages to wait for public pressure to settle. They will eventually hand over Davis to their lords.Recommend

  • G
    Feb 19, 2011 - 6:26PM

    I am disappointedRecommend

  • Mogy
    Feb 19, 2011 - 7:38PM

    @F Robinson
    1-USA could do one simple thing produce the Evidence of immunity in the court. Why they were absent in the Court?

    2-Did Afia get justice in USA? There is new evidence available, from a Police man in Sind who was part of the team arrested affia in Karachi in 2003. Proving the whole story of her injuring someone years after her arrest is bogus. 87 Years for an attempted murder and that’s on bogus lies?

    3-In Pakistan, the sold out Rehman Malik is law of the land. He and another traitor Haqqani are responsible for awarding these hired assassins the Visa for Pakistan without any oversight and proper documentations. Both of them are responsible for the lost of life of thousands of Pakistanis. There is now no doubt America is involved in terrorists activities in Pakistan and these two are one of the prime facilitators of USA.Recommend

  • Feb 19, 2011 - 7:41PM

    Wow, the Punjab investigators have only speculations and opinions.Recommend

  • Asif
    Feb 20, 2011 - 7:47AM

    Diplomatic and Consular Immunity
    One Rule for Foreign Consulates in the US, Another for US Consulates Abroad
    By DAVE LINDORFF in CounterPunch
    http://www.counterpunch.org/lindorff02172011.html
    Excerpts from article:
    “The first problem is that Davis isn’t a “diplomat.” At best he’s a consulate employee.
    Furthermore, the Vienna Convention on Consular Relations of 1963 (Article 4) states:

    Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority. Murder would, of course, constitute such a “grave crime.”

    A document issued last August by the US State Department titled: Diplomatic and Consular Immunity; Guidance for Law Enforcement and Judicial Authorities (Dept. of State Pub. 10524)
    US State Dept. has one rule on immunity for consular officials here, another for our guys overseas.

    ‘International law, to which the United State is firmly committed, requires that law enforcement authorities of the United States extend certain privileges and immunities to members of Foreign diplomatic missions and consular posts. Most of the privileges and immunities are not absolute and law enforcement officers retain their fundamental responsibility to protect and police the orderly conduct of persons in the United States.’

    But as the State Department tells American law enforcement personnel:

    ‘Consular officers..have only official acts or functional immunity in respect of both criminal and civil matters and their personal inviolability is quite limited. Consular officers may be arrested and detained pending trial only if their offense is a felony and the arrest is made pursuant to a decision by a competent judicial authority.
    No…diplomatic mission or consulate is authorized to determine whether a given set of circumstances constitutes an official act. This is an issue that may only be resolved by the court with subject matter jurisdiction over the alleged crime.

    Only (a) court, in the full light of all the relevant facts, determines whether the action complained of was an official act.’

    Clearly then, the President and the State Department are factually wrong to insist that Davis must be released from jail. Pakistani judicial authorities in Lahore are doing exactly what the police and courts in the US would do with State Department blessing if a similar incident occurred involving a foreign country’s consular employee here in America.Recommend

  • RizwanTKhan
    Feb 22, 2011 - 10:56AM

    Oh yes Davis should be tried for espionage and the whole nation wants that.Recommend

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