Approved and unlocked.
That woman has escaped justice using a loophole, plain and simple, in my opinion. This is not a case of state secrets being revealed, which diplomatic immunity should indeed cover, but a regular crime that had nothing to do with her husband's job. No sympathy from me.
Life is unfair...
As of today, State Department stated that the local police is not doing itself any favors by putting charges on her.
Just to bring this story up to date...
Instead, Trump turned it into a piece of political theatre. Channelling Oprah, he held a live press conference with the family with Anna Sacoolas waiting in the next room. He asked if they wanted to meet her right then and there, on camera. The family refused.
After that pretty much all other efforts of the family failed, and they flew home to the UK. There was a minor point of interest in the UK when Anna Sacoolas was pictured driving again in the US.
Finally, on the 20th of December 2019 the Central Prosecution Service formally charged Anna Sacoolas with Death by Dangerous Driving. Such a charge carries a maximum penalty of 14 years in prison. Anna Sacoolas's lawyer announced they have no intention of returning to the UK to fight the case. The UK has launched a formal extradition request.
On the topic itself it's clear that diplomatic immunity is a thing that is needed. Diplomatic immunity is required to ensure that unjust investigations cannot be used as leverage in diplomacy and statecraft. This is especially true when there are fears as to the independence of the police, courts and judicial system as a whole.
Which is where we get our problem in this case. Because by invoking diplomatic immunity, Anna Sacoolas was in effect saying that she feels she will not get a fair trial via the UK judicial system and that her case will be used as a diplomatic bargaining chip between the US and the UK. In other words, she would see herself as a political prisoner, not as a criminal suspect.
There is some logic to her claim - for example it is unlikely that a UK jury would be sympathetic to the argument that driving on the left hand side of the road is unusual - but that said the whole thing has registered in the UK as a bit of a slight. She's almost comparing the UK to Iran, what with their treatment of Nazanin Zaghari-Ratcliffe.
There's more to discuss here, including potentially Julian Assange (though I'd really rather not) and the hilarious number of parking fines that foreign embassies tend to rack up and ignore thanks to diplomatic immunity but I think that's enough to be getting on with for now.
A procrastination in of itself
It’s not just what she’s doing, it’s the US State Department doing it, they could have waved the immunity at the time (as is generally the practise amongst allied countries).
Also it brings up a bunch of other things, like why intelligence officers stationed in allied countries are even given diplomatic immunity when there effectively visiting military forces, why such immunity is extended to their family and the issues of the US-UK extradition treaty only even being used to send Britis to the US while the US refuses to send Americans to the UK a for trial.
“And the Bunny nails it!” ~ Gabrael “If the UN can get through a day without everyone strangling everyone else so can we.” ~ Cyran
Just a harmless giant from a foreign land.
The family extension makes sense as otherwise, family members could be prosecuted or persecuted in lieu of the protected official.
The System has some flaws, but otherwise it's generally working. But like any System of International Relations it ultimately comes down to good faith in both sides. Here one side is abusing the system in bad faith, which breaks almost any system
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A procrastination in of itself
Sure but it assumes that the family has to be there, that makes sense for diplomats who are focused on building long-term relationships, but visiting military forces engaged in operations?
There family are not needed for the well being of diplomatic relations, as such they’re welcome to either come under their own rights or stay at home.
“And the Bunny nails it!” ~ Gabrael “If the UN can get through a day without everyone strangling everyone else so can we.” ~ Cyran
![[up]](https://static.tvtropes.org/pmwiki/pub/smiles/arrow_up.png "[up]"){kind=icon}
Indeed. After all, you can't really expect someone to live in a different country for years without his family. And who would take his family to e.g. hostile countries without any protection?
Of course, even with diplomatic immunity, there are always ways to solve issues like this that allow the country to save face without having to wave diplomatic immunity.
Two years ago a Saudi Arabian diplomate killed a byciclist in Berlin by opening his car door without checking if someeone was approaching from the side. The person in question was not prosecuted. However a minister from SA personally went to the widow and apologized for the accident, and agreed to pay for the education of her children. Since in similar cases, the culprit would not be expected to be sentenced to a prison sentence, the widow stated that she was satisfied with this conclusion, and wanted to be left alone. There is also a rumour that the minister gave the order that the notoriously reckless drivers from the SA ambassy should from now on drive more carefully. While SA would later tarnish its' reputation with the murder of Kashoggi, I would argue that this was a particulary savy way off handling it. They certainly avoided a PR disaster.
Edited by Zarastro on Dec 21st 2019 at 7:58:32 PM
Two things in the diplomatic front:
- SD is not liking London’s request to have the woman extradited. At the same time, protests are happening near the RAF base where the teen was killed.
- Police in Tehran arrested the British ambassador to Iran for “encouraging” the protests that the Iranian government is covering up the plans crash that happened. He’s free now.
A procrastination in of itself
I’m also seeing reports that Hong Kong police and breaking the diplomatic immunity of the British consulate there, by going in uninvited and arresting people.
“And the Bunny nails it!” ~ Gabrael “If the UN can get through a day without everyone strangling everyone else so can we.” ~ Cyran
Word is that some staff members called HKPF for security reasons.
Edited by Ominae on Jan 12th 2020 at 5:51:09 AM
More info on the Sacoolas case.
BBC is suggesting that there's likely no way the SD will tolerate British LEOs extraditing her.
Mr Dunn, 19, died after being hit by a car allegedly driven by Anne Sacoolas, who left the country for the US claiming diplomatic immunity.
Boris Johnson told the BBC that he believed the chances of Mrs Sacoolas being extradited were "very low".
The comments came on Harry's mother's birthday and left her "bitterly upset".
Mr Seiger told the BBC: "The Dunn family are absolutely on their knees and I am still trying to pick my jaw up off the floor.
"It's an outrageous set of comments to make from the leader of this country, whose job it is to represent the people."
Charlotte Charles, Harry's mother, was "bitterly upset and confused" and "absolutely beside herself, on her birthday," said Mr Seiger.
He said the family had agreed with government officials not to comment on the extradition process while proceedings were ongoing.
"I'm hoping Mr Johnson will reflect on the comments he made, they were unhelpful to say the least, " he said.
The family are also taking legal action against the Foreign and Commonwealth Office (FCO).
The claim against the FCO issued on behalf of Mr Dunn's parents - Ms Charles and Tim Dunn - alleged the granting of diplomatic immunity to Mrs Sacoolas was "wrong in law".
New documents, seen by the PA news agency, suggest the FCO will say they did not claim Mrs Sacoolas had immunity.
Northamptonshire Police have now said the force will take part in the family's claim and they will not seek to retrieve any costs.
The US State Department has previously said the extradition request for Mrs Sacoolas is highly inappropriate and would be an abuse.
The extradition request is sent via the British Embassy to the US State Department.
A lawyer will then decide whether it falls under the dual-criminality treaty, where the alleged offence is a crime in both countries and carries a prison sentence of at least a year.
The maximum sentence for causing death by dangerous driving is 14 years' imprisonment, although this is usually reserved for the most serious cases.
The US may reject the request for extradition, arguing that Mrs Sacoolas is still entitled to diplomatic immunity.
The crash happened outside RAF Croughton, where Mrs Sacoolas' husband Jonathan worked as an intelligence officer. Mr Dunn died after his motorbike was in collision with a car owned by Mrs Sacoolas.
The 42-year-old left the UK shortly after the crash on 27 August and returned to the US, prompting a justice campaign by the teenager's parents.
Mrs Sacoolas was charged in December by the Crown Prosecution Service with causing death by dangerous driving and the Home Office submitted its extradition request to the US Department of Justice.
State Department has turned down the British request for extradition.
There’s a debate in the House of Commons on whether State denied extradition requests because Sacoolas has links to American intelligence agencies.
Johnson has to say no several times.
Interpol issued a red notice for Sacoolas.
Not sure if I can't speak about diplomatic properties, but the French Embassy in Caracas has the water/electricity cut off because the French FM protested about what's happening in Venezuela.
Well, the next time a diplomat kills and American with a car and gets away with it...
India and Pakistan are (not surprisingly) on the heat again after Pakistan tried to detain two employees working at the Indian High Commission for being involved in a hit and run incident.
The two are from India.
People from both sides are reminded of the pigeon spying incidents...
https://www.bbc.com/news/uk-england-53500449
The anomaly that allowed Anne Sacoolas to use diplomatic immunity was straightened out.
Disasturbator
Better late then never
New theme music also a box
A procrastination in of itself
That was a loophole and a half to have existed by accident. For people who don’t want to follow the link, the US already had a standing agreement with the UK waving diplomatic immunity for US government staff on the base if they committed crimes outside of their government duties, this waiving of immunity has now been extended to the families of staff.
I suspect that this change has actually been rolled out to all British military bases with US government staff on them, hell hopefully someone is double checking our agreements with other visiting friendly militaries.
“And the Bunny nails it!” ~ Gabrael “If the UN can get through a day without everyone strangling everyone else so can we.” ~ Cyran
China condemned the entry of its consulate in Houston by the Bureau of Diplomatic Security after the 72 hour timeframe was up.
Chinese diplomats started an incident in Fiji.
An old problem that's too familiar. Diplomats not paying tickets for parking violations.
Been interested in this realm, especially if it's used to get away from a serious matter.
For instance, the BBC filed this report.
The prime minister has urged the US to reconsider giving a diplomat's wife immunity after she left the UK despite being a suspect in a fatal crash.
Anne Sacoolas is wanted by police over the death of motorcyclist Harry Dunn, 19, in Northamptonshire on 27 August.
The US State Department said diplomatic immunity was "rarely waived".
Boris Johnson said the UK was speaking to the US ambassador and "if we can't resolve it then... I will be raising it myself with the White House".
UK Foreign Secretary Dominic Raab, who has already urged the US Embassy to reconsider, raised Mr Dunn's case in a conversation with US Secretary of State Mike Pompeo earlier.
A spokesman for the Foreign and Commonwealth Office said Mr Raab "reiterated his disappointment with the US decision and urged them to reconsider".
Under the 1961 Vienna Convention, diplomats and their family members are immune from prosecution in their host country, as long as they are not nationals of that country. However, their immunity can be waived by the state that has sent them.
Ms Sacoolas left the UK despite telling police she had no such plans.
Speaking during a visit to a hospital in Watford, Mr Johnson said: "I think everybody's sympathies are very much with the family of Harry Dunn and our condolences to them for their tragic loss.
"I must answer you directly, I do not think that it can be right to use the process of diplomatic immunity for this type of purpose.
"And I hope that Anne Sacoolas will come back and will engage properly with the processes of law as they are carried out in this country.
"That's a point that we've raised or are raising today with the American ambassador here in the UK and I hope it will be resolved very shortly.
"And to anticipate a question you might want to raise, if we can't resolve it then of course I will be raising it myself personally with the White House."
Both Northamptonshire's chief constable and police and crime commissioner have already urged the Americans to waive Ms Sacoolas's diplomatic immunity.
Mr Dunn died in hospital shortly after his Kawasaki motorcycle was involved in a crash with a Volvo XC 90 at about 20:30 BST near the RAF base at Croughton.
Chief constable Nick Adderley said based on CCTV evidence, officers knew that on the night of the crash a vehicle had left the base "on the wrong side of the road".
Supt Sarah Johnson said the police were collecting evidence with support from the Foreign and Commonwealth Office, the RAF base and the Dunn family.
"We're going to make sure that we deal with it [the investigation] in a way that we can take it through to prosecution," she said.
Gary O'Donoghue, BBC Washington Correspondent
The appeal from Boris Johnson will undoubtedly be heard at the White House.
But I think it's unlikely the Americans will change their minds. It happens on a reasonably regular basis around the world that diplomats get into serious situations and don't face the law.
We understand the diplomat and his wife had only been in Britain for three weeks. On the face of it that sounds like something that has been brought to a premature end, presumably in connection with what happened.
I think the slightly distasteful thing is that apparently Ms Sacoolas promised to stay and co-operate but then left. But we don't know the circumstances around that because we haven't heard her side of the story.
Mr Dunn's mother Charlotte Charles said it was "such a dishonourable thing to do" for Ms Sacoolas to leave the country and urged her to come back.
Ms Charles told BBC's Victoria Derbyshire programme: "[It was] unintentional. She didn't purposely drive on the other side of the road... if she'd have stayed and faced us as a family we could have found that forgiveness... but forgiving her for leaving, I'm nowhere near."
She has previously said that if the diplomatic waiver was declined then she would travel to see President Donald Trump and "ask him directly".
The US State Department said it was in "close consultation" with British officials and has offered its "deepest sympathies" to the family of Mr Dunn.