A Bench of Chief Justice Altamas Kabir and Justices Anil R. Dave and
Ms. Ranjana Desai has clarifies to Italian envoy Daniele Mancini that a
person who came to the court as a petitioner could not claim any
immunity. The Apex court has extended its direction until further orders
restraining the envoy from leaving the country.
The Italian Ambassador Daniele Mancini claimed complete immunity under the Vienna Convention.
The Ambassador had signed an undertaking assuring the return of the
two marines accused of killing two Indian fishermen. On his assurance
the court had allowed the two accused to go to their country to exercise
their votes in elections there. However,
Italy refused to return the marines insisting that by planning to try the naval mariners
India violates its
international pledges, specifically the
UN Law of the Sea Convention, since the incident occurred in the open sea (as claimed by Italy).
What is Vienna Convention on Diplomatic Relations?
The Vienna Convention on Diplomatic Relations of 1961 is an
international pact that defines a framework for diplomatic relations b/w
independent nations. It specifies the privileges of a diplomatic
mission that enable diplomats to perform their function without fear of
coercion or harassment by the host country. This forms the
legal basis for diplomatic immunity. It has been ratified by 187 nations.
Summary of the Treaty:
The treaty consists of 53 articles. Key articles of the treaty are:
Article 9: The host nation may at any time and for
any reason declare a particular member of the diplomatic staff to be
persona non grata. The sending state must recall this person within a
reasonable period of time, or otherwise this person may lose their
diplomatic immunity.
Article 22: The premises of a diplomatic mission,
such as an embassy, are inviolate and must not be entered by the host
country except by permission of the head of the mission. Furthermore,
the host country must protect the mission from intrusion or damage. The
host country must never search the premises, nor seize its documents or
property. Article 30 extends this provision to the private residence of
the diplomats.
Article 27: The host country must permit and protect
free communication between the diplomats of the mission and their home
country. A diplomatic bag must never be opened even on suspicion of
abuse. A diplomatic courier must never be arrested or detained.
Article 29: Diplomats must not be liable to any form
of arrest or detention. They are immune from civil or criminal
prosecution, though the sending country may waive this right under
Article 32. Under Article 34, they are exempt from most taxes, and under
Article 36 they are exempt from most customs duties.
Article 31.1c: Actions not covered by diplomatic immunity: professional activity outside diplomat’s official functions.
Article 37: The family members of a diplomat that
are living in the host country enjoy most of the same protections as the
diplomats themselves.