Ajali ya aliyekuwa Balozi wa Tanzania nchini Austria ichunguzwe

[ras jeff kapita]

Mimi tena ndo niwe stupid, na wewe usiyeelewa Vienna iko wapi na kuna nini huko utakuwa kitu ganii? Idiot au siyo

Mathako yako

 

[peno hasegawa]

Mathako yako

Piganeni sasa

 

[bagamoyo]

Diplomatic immunity: a two-way street​

Diplomatic immunity only works if every country, including ours, abides by the rules. The way that the Netherlands treats foreign diplomats has an impact on how other countries treat our diplomats. We must treat foreign diplomats in the Netherlands with the same respect and in accordance with the same standards that we expect of others abroad.

Diplomatic immunity: not carte blanche for misconduct​

The Vienna Convention does not give diplomats carte blanche for misconduct. Diplomatic immunity does not place diplomats above the law and diplomats are obliged to conduct themselves in accordance with the laws of the receiving state. In the event of misconduct, however, only the sending state has the authority to take action, for instance by recalling the diplomat or waiving his/her diplomatic immunity.

Long ago, diplomats acted as a form of guarantee for the good conduct of the sending state. If that state did not conduct itself appropriately, its diplomat would be held responsible. Sometimes the consequences could even be fatal. Nowadays, the opposite applies: if a diplomat breaks the law, responsibility lies in the first place with the sending state.

READ MORE / SOMA ZAIDI : Source : Diplomatic immunity

 

[Shujaa Mwendazake]

Iko hv nchi za watu kwa mujibu wa sheria huwezi kumshtaki balozi kwa makosa ya jinai (sheria za kimataifa ambazo sisi wtz tume ratify) na wao pia.
The only available remedy ambayo ipo kisheria ni ku- declare kwa barozi husika persona non Gratia. Asante kwa marekebisho nipo bar nimelewa tayari

The Protection of Diplomats Convention au Geneva convention!!

unaongelea ipi mkuu?

 

[ras jeff kapita]

Piganeni sasa

Siwezi pigana na limbukeni

 

[Kanali_]

CCM wamekithiri kwa maovu. Wanabaka hadi nje ya nchi?

Hahahahahaha

 

[Bujibuji Simba Nyamaume]

Natoa wito kwa Mamlaka huru kufanya Uchunguzi wa Kifo cha Mtu anayejulikana kwa jina la Celestine Mushi, ambaye inadaiwa amefariki kwa ajali, lakini Mwili wake umekutwa umeungua.

Zipo tetesi kwamba Balozi huyu alikwishafukuzwa nchini Austria kwa tuhuma za Ubakaji, sasa hizi tuhuma na hiyo ajali, na Mwili kukutwa umeungua, yanahitaji Ufafanuzi wa kina.

Naomba kuwasilisha.

Kimejaa mashaka tele

 

[bagamoyo]

Kinga ya mwana diplomasia inavyofafanuliwa na hukumu iliyotolewa ktk Mahakama Kuu ya Kenya. Hatua ambazo mamlaka za uteuzi wa mwana diplomasia inazoweza kuchukua kwa kufuatana na makubaliano ya Vienna Convention on Diplomatic Relations of 18th April 1961 na za United Nations 1946

URBANUS MUTISO v SUSAN KAVANAGH [2012] eKLR

URBANUS MUTISO...................................................................................................PLAINTIFF
VERSUS
SUSAN KAVANAGH...............................................................................................DEFENDANT
R U L I N G
1. The Plaintiff herein in his plaint dated 13th February, 2004 claims, among others, general and exemplary damages for defamation against the Defendant who was at the time enjoying diplomatic privileges.

2. Having failed to enter appearance or file defence, the Plaintiff sought and obtained default judgment against the Defendant. He subsequently applied for the Defendant to tender security in court for fear that she may leave this court’s jurisdiction, and also for execution of the decree by personal arrest and committal to civil jail. The Attorney-General then came in as a friend of the court and raised a preliminary objection as to jurisdiction, which is the subject of this ruling.

3. Essentially counsel for the Attorney-General submitted that the cause of action having arose while the Defendant was conducting official duty; she is immune from any action in court by virtue of the Convention on the Privileges and Immunities of the United Nations which immunity has not been waived by the Secretary-General of the United Nations. He further submitted that the certificate by the then Minister for Foreign Affairs Minister was conclusive evidence as to the Defendant’s immunity.

4. On his part the Plaintiff’s counsel opposed the preliminary objection. He submitted that the Privileges and Immunities Act (Cap 179) domesticates the Vienna Convention on Diplomatic Relations of 18th April 1961, not the Convention on Privileges and Immunities of the United Nations adopted on 13th February 1946. Secondly, that since the Defendant ceased working for the United Nations on 1st August, 2004 she no longer enjoyed immunity and was amenable to the legal action herein. He also submitted that whether the cause of action arose out of the Defendant’s official duties was irrelevant and cannot prevent the Defendant from entering appearance.

5. I have considered these rival submissions and considered the authorities cited.

6. I respectfully agree with the Plaintiff’s learned counsel’s submission that the Privileges and Immunities Act domesticates the Vienna Convention on Diplomatic Relations of 18th April 1961, not the Convention on Privileges and Immunities of the United Nations adopted on 13th February 1946. However, it is noteworthy that the said Vienna Convention provides as follows, which provisions are similar to those of the Convention on Privileges and Immunities of the United Nations:
Article IV
Section 11. “Representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, shall, while exercising their functions and during the journey to and from the place of meeting, enjoy the following privileges and immunities:
(a) Immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind;

(b) Inviolability for all papers and documents;

(c) The right to use codes and to receive papers or correspondence by courier or in sealed bags;

(d) Exemption in respect of themselves and their spouses from immigration restrictions, aliens registration or national service obligations in the State they are visiting or through which they are passing in the exercise of their functions;

(e) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;

(f) The immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and also;

(g) Such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes.
Section 12. In order to secure, for the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, complete freedom of speech and independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer the representatives of Members.”

7. The first question that arises is how a diplomat agent is to claim immunity if he is brought before the court for some alleged violation of the laws of the country, or if he is made a defendant in a civil action before a local court; and how are the courts to be satisfied that the person claiming immunity belongs to the class of persons who are to be clothed with immunity?

8. It is clear that an application must be made to court, since the court is not in a position to know the accuracy of the allegations which may appear even on the face of the record. It is not the function of the court to dismiss the suit unless it is asked to do so by a party, nor is it for the court of its own motion to declare that it has no jurisdiction. For a long time the practice followed had been for the diplomat to prove his status on any given occasion before the court in which the claim or suit was pending against him, and it was a matter for the court to decide the question of immunity as a preliminary issue. In recent years, however, it has been felt that such a practice was not very satisfactory. On the one hand it seems rather strange that a diplomat should be required to prove before a court that he is entitled to immunity whilst he is claiming exemption from the jurisdiction of that very court. But on the other hand the procedure and practice of every court requires some formal proof of the fact that the person belongs to the class entitled to be exempt from the jurisdiction of the court.

9. It is now the practice for the courts to accept as conclusive the statements made to them by the executive as to the existence of certain facts of international nature, such as the status of a person, or the extent of immunity. It would be useful to consider at least one such decision in this regard.

10. In Engelke v. Mussmann (1928) AC 433 the House of Lords finally laid down the basis on which the courts will rely on the foreign office regarding the status of a foreign envoy in the following terms:
“It was for the court to determine, as a matter of law, whether, the diplomatic status of a person having been proved by the foreign office statement that recognition had been accorded, immunity from process necessarily followed. If the court could go behind the statement and investigate into facts, it would involve a breach of diplomatic immunity. The certificate is not a piece of hearsay evidence. The status has beencreated by virtue of its prerogative by the crown.”
11. Section 16 of the Diplomatic Privileges Act, which was enacted to effect to the Vienna convention 1961, provides for a certificate to be given by the foreign office regarding the status of the person who may be claiming immunity.

12. Having said so I hold that the certificate of 11th May,2005 by the then Minister for Foreign Affairs is satisfactory proof of the fact that the Defendant was entitled to privileges and immunities under the Act.

13. The next issue to be determined is whether the suit relates to act performed by the defendant in her official capacity. From the pleadings on record, the Defendant while writing the alleged memorandums was conducting administrative functions in the discharge of her duties for which she cannot be sued. I hold that the fact that her employment has now ceased does not render her vulnerable unless the acts were done after her employment with the United Nations.

14. Article V, Section 18 of the Convention on the Privileges and Immunities of the United Nations as well as the Vienna Convention on Diplomatic Relations of 18th April 1961 are clear on the fact that officials of the United Nations shall be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity. The present case does not fall under the exceptions in Article 31 of the 1st Schedule considering the fact that the Defendant was a member of the administrative and technical staff of the UN.

15. In view of the foregoing, I uphold the preliminary objection and strike out the suit with costs. It is so ordered.

16. The delay in preparation of this ruling is deeply regretted. It was caused by my poor state of health the last few years. But thank God I have now fully regained my health.

DATED AT NAIROBI THIS 20TH DAY OF SEPTEMBER 2012


H.P.G. WAWERU
JUDGE

DELIVERED AT NAIROBI THIS 21ST DAY OF SEPTEMBER 2012
Source: Civil Case 149 of 2004 - Kenya Law

 

[Mocumentary]

Halafu kitu sijaelewa kwanini mwili wa marehemu ufatwe na ndugu kutoka Dar, kwenda kuuchukua handeni,

si kwamba serikali ilitakiwa kufanya utaratibu wa mtumishi wao? Wamemkataa jamaa yao.

 

[Bijou]

..Ni Austria, sio Australia.

..Na amefia Tanzania.

..Swali la kujiuliza ni ametoka vipi Austria huku kuna wanaodai ana tuhuma za kubaka?

..Ndio maana wengine tunasema ni vizuri tukatafuta habari toka vyanzo vya Austria ili kujua ukweli wa uwepo wa tuhuma hizo.

Diplomatic immunity 🤷🏿‍♀️🤷🏿‍♀️

 

[Mabula Msirikale]

Celestine mushi didn't kill himself

Who said he did?

 

[All truth23]

Att
Ajali ya Toyota Crown t.175dmf imetokea mkata dereva ni mwanamke amefariki papo hapo, umiliki wa gari ni Celestine Joseph Mushy

Sambaza kwenye magroup kadri uwezavyo ili ndugu wapate taarifa
toka 0652003003

Mmmh na hii tena

 

[britanicca]

Kuna jambo ila si kila jambo lazima niliseme CCM Chama Imara tudumishe amani nchini ndo kitu cha msingi

 

[inamankusweke]

Na Balozi Mushy alikuwa ni jasusi la kufa mtu, nilikaa naye siku 10 ilikuwa kama nimekaa University miaka 7

Huyo Kuna kitu kavuruga

 

[klgk77]

Kwani alikuwa declared persona nan Gratia!?
huko Australia!?

Ndio alipewa PI

 

[klgk77]

Halafu kitu sijaelewa kwanini mwili wa marehemu ufatwe na ndugu kutoka Dar, kwenda kuuchukua handeni,

si kwamba serikali ilitakiwa kufanya utaratibu wa mtumishi wao? Wamemkataa jamaa yao.

Ndio lazima tumfwate ndugu yetu serikali inahusikaje? acha ujinga

 

[DOMA]

CCM wamekithiri kwa maovu. Wanabaka hadi nje ya nchi?

CCM imeingiaje hapo?

 

[kawombe]

Kwani yeye ndio wakwanza kuungua kwa ajali?

Tunachokijua

 

[kawombe]

Kama hiyo ajali ni ile nliyoshuhudia na kama ni yeye alifariki katika hiyo ajali, hakuna ambaye angeweza kumtambua mda ule hata baada ya 24 hours.

Ajali ilikuwa ni mbaya sana tulishindwa kulitambua gari lenyewe .!

Kesi imefungwa kwa comment hii

 

[Gagnija]

Naibu RAS Mtwara, Magu alimpa adhabu ya kusimamia zoezi la kunyang'anya Wakulima korosho na kisha kuzimwaga baharini, ni kitu Balozi Mushi alikuwa akiumizwa nacho moyoni nadhani hadi mauti yake yanamfika, nimesikitika sana....

Aliadhibiwa kwa kosa gani alilofanya? Isijekuwa alikuwa mhalifu sugu.