The Saudi Arabian diplomat accused of rape by two Nepalese women has left India, an official said on Wednesday. The diplomat, who enjoyed diplomatic immunity under the Vienna Convention for Diplomatic Relations, could not have been tried under Indian law unless the Saudi Arabia “waived” his immunity. What is to be seen now is whether the diplomat would be tried in Saudi Arabia for the serious offence of rape or he would be let off.
“We learn that Saudi Embassy First Secretary Mr. Majed Hassan Ashoor, who is allegedly accused of abusing two Nepali maids, has left India. The first secretary being a diplomat is governed by the provisions of the Vienna Convention on Diplomatic Relations,” external affairs ministry spokesperson Vikas Swarup said in a statement.
The diplomat was accused by the two Nepalese women of rape and Gurgaon police had filed a first information report in the case.
However, the Vienna Convention provides for diplomatic immunity to serving diplomats and their immediate families. Article 31 of the Vienna Convention on Diplomatic Relations, 1961, that grants immunity from the criminal jurisdiction of the receiving State to a diplomat, is reproduced below:
“Article 31: 1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:
(a) A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(b) An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
2. A diplomatic agent is not obliged to give evidence as a witness.
3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.
4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.”
Though the Saudi Arabia Embassy had called the allegations of rape as “false”, it will be interesting to see whether Saudi Arabia will follow the same line of action by not prosecuting him in its own country or it would prosecute him for this serious offence and for bringing bad name to the country. It is noteworthy that while a diplomat may have immunity from prosecution in the receiving country, he may still be prosecuted in his own country. Also see: Gurgaon Police waiting for MEA directions in Saudi diplomat rape case.
