Your Advocate

Q: My son is student of Scholastica and every day I drop and Pickup him for his school. In front of that school Gulshan ladies Park is located and adjacent to that Park Saudi Embassy is situated. This Embassy has reserved large portion of foot path for their Parking, even they grabbed the adjacent foot path of the park and the security guard of that embassy does not allow anybody to Park any vehicle along the boundary wall of that Park. No one can think of parking any vehicle in their territory i.e. along their building wall. Any question is: (a) How that embassy can occupy the Public Place as restricted area only for their vehicles? (b) Is it legal? Once not getting any space my driver Parked the car along that ladies Park's wall. Instantly the Saudi security guard Came forward and forced my driver to leave that place. My driver at first did not wanted to leave the place but the police on duty and other security guards in a body forced him to go away. Since that time was school closing time so usually that place was full of vehicles. As a result my driver had to Park the car far from the school and my son had to walk a long way in sun. (d) How can they act like this? Moreover, the police and the guards threatened my - to shoot point blank, if he does not leave the place. (e) Is there any legal remedy or help to stop it?
Mr Kabir
Gulshan, Dhaka.

Your Advocate: Your questions call for multi- dimensional involvement of law. Had it been a normal case not related to the question of immunity the answer could have been simple. The word "Embassy" immediately relates to immunity. Therefore, the question of the nature, extent and limit of immunity enjoyed by the diplomatic agents and other staffs of the diplomatic missions come to the fore. According to Vienna Convention,1961, the person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. He is immune from the civil, criminal and administrative jurisdictions of the receiving state. However, if the diplomatic agent commits any crime the remedy lies in referring the matter to the sending state, if the immunity is not waived by the latter. The immunity is not only given to the diplomatic agents but normally extends to the other staff, namely, the administrative, technical and service staff together with the members of their families.

The immunities are not granted to those persons who are in the domestic service of the mission namely, the drivers, security guards, Kitchen staff etc, if they are nationals and permanently resident of the receiving state.

It is therefore, clear that native workers in the domestic services of the mission such as drivers, kitchen staff or security guards are not immune from action.

Given the position of privileges and immunities attached to the diplomatic missions let me revert to our municipal law for addressing your issues raised. Firstly, the Embassy is most unlikely to be involved in any activity prohibited by the local law precisely because the diplomatic agents are specially oriented to the Vienna Convention, Article 41, which stipulates that 'it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving state'. The receiving state is also under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of peace or impairment of dignity. Therefore, it is most likely that the Embassy is occupying the surroundings with the concurrence of the Govt. so as to protect its premises from intrusion, damage or disturbance of any kind. If the occupation is not so authorised it is most likely to be attributable to the local service staff like the security guards or the drivers of the Embassy. You can well make representations to our foreign office as well as to the concerned Embassy and the DC, Traffic on the problem. They will surely explain their position or do the needful for removal of the illegal occupation of footpath and other public place by the Embassy guards and drivers.

If there is inaction on the part of the Ministry, Embassy or the police, an appropriate proceeding may be taken against the security guards and drivers of the Embassy under the Dhaka Metropolitan Police Ordinance,1976, on the charge of nuisance created by blocking foot-path and public space and the court upon examining the complainant may refer the matter to the police for a report.

Finally, the question of misbehaviour by police on duty along with the security guards as mentioned, comes within the mischief of section 78 of the aforesaid Ordinance, and is again cognizable on police report. Subject to the report filed by the police court may proceed in accord with law.

If the persons entitled to diplomatic immunities and privileges are found responsible for violating municipal laws they can not be brought under the jurisdiction of the local courts unless immunities are waived and in such cases it is the Ministry of Foreign Affairs which is competent to take appropriate actions in accord with the international norms.