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Sirius B Send message Joined: 26 Dec 00 Posts: 24882 Credit: 3,081,182 RAC: 7 |
A common mistaken belief.Your mistaken belief is that, yes you are correct with regards to embassies but an R.A.F base leased to the U.S. military is not an embassy. The 2017 Office of the Inspector General report recorded that the base provided command, control, communications, and computer support to Department of Defense and civilian agencies across Europe, and was staffed by about 265 U.S. military personnel, 140 Department of Defense civilians, and 200 UK Ministry of Defence employees. It provided about 25% of all European to United States military communications. |
Richard Haselgrove Send message Joined: 4 Jul 99 Posts: 14655 Credit: 200,643,578 RAC: 874 |
Further, Diplomatic Immunity is controlled by both international Treaty (the Vienna Convention) and domestic law (in the UK, the Diplomatic Privileges Act 1964). It is something which is granted in advance (by notification to the host country of the names of the holders of eligible posts). The question of 'claiming' diplomatic immunity doesn't arise. The driver in this case might have asserted to the local police, "my name is on the list" - and they could (should!) have checked out her statement. For a legal analysis, try The Law Society Gazette. (The Law Society is the regulatory body for legal practitioners in the UK). |
Sirius B Send message Joined: 26 Dec 00 Posts: 24882 Credit: 3,081,182 RAC: 7 |
Yes, & if she really had diplomatic immunity, there would have been no need to flee. By doing so just gives more credence to this: Radd Seiger, a lawyer for the Dunn family, said Northamptonshire police had confirmed that the Interpol notice had been issued, adding that this meant in the Foreign Office’s view she did not have diplomatic immunity at the time of her initial arrest. “Red notices would not be served on valid diplomats,†he said.Used to travel that area several times a week on what we called the "Abingdon" run. Had many a near miss by personnel from Croughton driving on the wrong side of the road. |
Gary Charpentier Send message Joined: 25 Dec 00 Posts: 30734 Credit: 53,134,872 RAC: 32 |
Yes, & if she really had diplomatic immunity, there would have been no need to flee. By doing so just gives more credence to this:Buried in the article, as she left immunity is not a question, she can only have it while she and hubby are in country while he has it, so a red notice is on the table.Radd Seiger, a lawyer for the Dunn family, said Northamptonshire police had confirmed that the Interpol notice had been issued, adding that this meant in the Foreign Office’s view she did not have diplomatic immunity at the time of her initial arrest. “Red notices would not be served on valid diplomats,†he said.Used to travel that area several times a week on what we called the "Abingdon" run. Had many a near miss by personnel from Croughton driving on the wrong side of the road. However we have a red, but has a formal request for extradition been sent to the USA? If not, this may all be for show so people can say see, I'm working on it, when the top brass has already decided to not pursue the matter. |
Sirius B Send message Joined: 26 Dec 00 Posts: 24882 Credit: 3,081,182 RAC: 7 |
Well, that's 4 feeble excuses from America. Are there more we have yet to hear? |
Sirius B Send message Joined: 26 Dec 00 Posts: 24882 Credit: 3,081,182 RAC: 7 |
National Security Economic Interests Diplomatic Immunity Fear for Life She did not have Diplomatic Immunity at the time of the incident, SO just who is playing games? Is it a case of Americans can do no wrong? |
Sirius B Send message Joined: 26 Dec 00 Posts: 24882 Credit: 3,081,182 RAC: 7 |
Is the "feeble" excuse used by all Country's to protect, for various reasons, their people covered by Diplomatic Immunity.Agree up to the end of 2015. Since then they have become "feeble" excuses by an ignorant fool who wants to keep his wallet full. |
Richard Haselgrove Send message Joined: 4 Jul 99 Posts: 14655 Credit: 200,643,578 RAC: 874 |
Please reference the UK's and/or the USA's Government opinion of why "at the time of the incident" she didn't have Diplomatic Immunity. Which was stated a short time ago.I refer the honourable gentleman to the answer I gave yesterday. In order to qualify for Diplomatic Immunity under the Diplomatic Privileges Act 1964, the USA would have had to notify the Court of St. James (in advance) that she had been appointed to a post which qualified for diplomatic privileges under the Vienna Convention. No evidence has surfaced to indicate that such notice had been given, or that she was the holder of a qualifying office. |
Sirius B Send message Joined: 26 Dec 00 Posts: 24882 Credit: 3,081,182 RAC: 7 |
Further to that, I'll add this: There is a huge difference between an Intelligence Official & an Intelligence Officer! |
Sirius B Send message Joined: 26 Dec 00 Posts: 24882 Credit: 3,081,182 RAC: 7 |
What has that got to do with my statement quoted?Further to that, I'll add this: There is a huge difference between an Intelligence Official & an Intelligence Officer! |
ML1 Send message Joined: 25 Nov 01 Posts: 20456 Credit: 7,508,002 RAC: 20 |
Folks, To clear this one usefully: Please only list and compare the facts? Regards, Martin See new freedom: Mageia Linux Take a look for yourself: Linux Format The Future is what We all make IT (GPLv3) |
Richard Haselgrove Send message Joined: 4 Jul 99 Posts: 14655 Credit: 200,643,578 RAC: 874 |
You have presented that as a quotation. Please indicate (and link if possible) the source document you are quoting from.Compounding the grief and dismay of Dunn’s family was the claim, apparently asserted by the UK Foreign Office, that Ms Sacoolas had diplomatic immunity and could not be prosecuted over the collision anyway. This led to demands from many quarters, including by Prime Minister Boris Johnson, that the US waive her immunity and return her to the UK for prosecution. As a keen follower of UK news, I have not heard that stated in those terms. I would be interested to read the exact context and attribution of that statement. "Apparently asserted" sounds a bit wishy-washy from here. |
Richard Haselgrove Send message Joined: 4 Jul 99 Posts: 14655 Credit: 200,643,578 RAC: 874 |
OK, my search engine appears to be "The Interpreter", published by the LOWY INSTITUTE (their caps), 15 Oct 2019. Diplomatic immunity: Time to change the rules Now off to research who and where the Lowy Institute comprises. I don't recognise the names as experts on British diplomatic law. |
Richard Haselgrove Send message Joined: 4 Jul 99 Posts: 14655 Credit: 200,643,578 RAC: 874 |
An independent, nonpartisan think tank based in Sydney. It publishes daily commentary and analysis on international events, and is edited by Daniel Flitton (Managing Editor) and Sam Hendricks (Deputy Editor), along with founding editor Sam Roggeveen (Director of Digital).I think I need to second-source that assertion. OK, try this. The Guardian (published in the UK), 22 April 2020 Harry Dunn death: diplomatic immunity for Anne Sacoolas 'illogical' Read it carefully: it quotes statements from earlier dates, only to question them. It's too long to quote in full, but the status is clear: In the fullest high-level explanation of the events subsequent to Dunn’s death, McDonald told the select committee on Tuesday: “In the case of Harry Dunn, the controversy was over an agreement made at the end of the last century over continuing immunities for US diplomats posted at the Croughton annex.'McDonald' is Sir Simon McDonald, the permanent under-secretary and head of the diplomatic service: a 'select committee' is a formal committee of the House of Commons. That is about as "on the record" a statement as you get in the UK. |
Richard Haselgrove Send message Joined: 4 Jul 99 Posts: 14655 Credit: 200,643,578 RAC: 874 |
Hopefully, you will get better results.See edit to my last post. |
Richard Haselgrove Send message Joined: 4 Jul 99 Posts: 14655 Credit: 200,643,578 RAC: 874 |
This ITV report (12 May 2020) seems pretty precise, too. ITV News sees confidential documents used to assess if Anne Sacoolas had diplomatic immunity following Harry Dunn death Edit - linked to the wrong tab in my browser. Sorry about that. It's getting late and I'm obviously tired - I'll head off to bed. G'night all. |
Sirius B Send message Joined: 26 Dec 00 Posts: 24882 Credit: 3,081,182 RAC: 7 |
They make clear that when the arrangements were drawn up both governments agreed that US staff covered by diplomatic immunity at RAF Croughton would face an automatic waiver from that immunity if they were to commit a criminal act outside their duties.Settles the argument over her having diplomatic immunity. |
Gary Charpentier Send message Joined: 25 Dec 00 Posts: 30734 Credit: 53,134,872 RAC: 32 |
As I stated earlier, has a formal request for extradition been lodged with the USA? Until it is, you are all speculating what the answer will be from the USA. You are also arguing your own UK internal law which may not survive a judge looking at the facts. Then it may well have to go to ICJ to resolve if the UK and USA disagree. As I said, I suspect the brass has decided it isn't worth the effort so they will do a "make people feel good" amount of effort. |
ML1 Send message Joined: 25 Nov 01 Posts: 20456 Credit: 7,508,002 RAC: 20 |
As I stated earlier, has a formal request for extradition been lodged with the USA? ... I believe that has already been done. The USA refused claiming that to accept would set an impossible precident... All in our only one world, Martin See new freedom: Mageia Linux Take a look for yourself: Linux Format The Future is what We all make IT (GPLv3) |
Gary Charpentier Send message Joined: 25 Dec 00 Posts: 30734 Credit: 53,134,872 RAC: 32 |
As I stated earlier, has a formal request for extradition been lodged with the USA? ... In which case it appears as if the USA believes she had immunity at the time. So head to the ICJ or Vienna and get a ruling one way or the other. Not that the USA ever listens to the ICJ. |
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