'Davis has diplomatic immunity, Pak must free him'

Notwithstanding Pakistan's stand that courts will decide the fate of an American arrested for double murder, the US has insisted that he enjoys diplomatic immunity under the Vienna Convention and asked Islamabad to honour the international treaty and release him immediately.

"We believe that the principle that every country in the world that participates in the Vienna Convention on diplomatic relations has a responsibility to honour the provisions of that treaty. And that's our starting point in dealing with this issue" of Raymond Davis, who was arrested in Lahore last month, White House Press Secretary Jay Carney said.

"We continue to be focused on a resolution that results in Pakistan honouring the diplomatic immunity status of the individual and his return home," he said at his daily news briefing on Wednesday evening.

His remarks came despite Pakistani leaders' assertion that Davis' case would be decided by the country's courts.

In Islamabad, diplomatic sources said that the US has informed Pakistan that Davis has diplomatic immunity under the Vienna Convention and Pakistani courts do not have the jurisdiction to hear his case.

Davis could not be arrested by Pakistani authorities or tried by any Pakistani court, the sources said, adding he was notified as a member of the administrative and technical staff of the US embassy in Islamabad on January 20 and, therefore,

had diplomatic immunity.

They insisted that the administrative and technical staff of a foreign mission enjoy global privileges and immunities under the Vienna Convention on Diplomatic Relations.

"We still believe that Davis is member of the administrative and technical staff of US embassy in Islamabad and is entitled to full immunity from criminal prosecution and should not be arrested or detained," said a source.

Since Davis enjoys immunity, the matter should not have gone to the Pakistani courts at all, the sources said.

On the jurisdiction of Pakistani courts in deciding the diplomatic immunity issue, they contended the country's courts do not have jurisdiction to take up such matters. One way out of the imbroglio would be for Davis to be declared "persona non-grata" and expelled from Pakistan, they said.

Pakistan and the US are both signatories to the Vienna convention, along with 185 other countries, and Washington is hopeful that Islamabad will abide by the treaty on the issue of Davis, the sources said.

If there is a dispute on implementing the articles of the Vienna Convention, the matter can be taken to the International Court of Justice.

Referring to the issue of a diplomatic passport and a diplomatic visa being necessary for a person to be granted diplomatic immunity, the sources clarified that there is no need to possess these official documents.