[Info-vax] Goodbye VAX

[Arne Vajhøj]

On 1/11/2022 1:59 PM, Simon Clubley wrote:
> On 2022-01-11, Dave Froble <davef at tsoft-inc.com> wrote:
>> On 1/11/2022 8:48 AM, Simon Clubley wrote:
>>> On 2022-01-11, David Wade <g4ugm at dave.invalid> wrote:
>>>> ... probably end up being extradited to the USA to face charges on
>>>> things that happen outside the USA when we, the fully BREXITed UK can't
>>>> manage to get US citizens to face charges for things they did in the UK..
>>>
>>> That last part really sucks. She should never have been allowed to
>>> flee the country.
>>
>> Ya know, for someone who believes in following the rules, you sure are
>> ambiguous.  I don't know much about that event, other than regardless of best
>> efforts, shit still happens.  But, If you're going to subscribe to diplomatic
>> immunity, you should not do so until you decide "maybe not".  As Yoda mentioned,
>> do, or do not.  Nor do I have much of an opinion about the practice, but, as I
>> mentioned, if you're going to have a rule, then follow it, always, not when you
>> maybe want to.
> 
> That's because there's a very open question about whether she had
> diplomatic immunity or not. She didn't have it for herself but claimed
> she did as a result of her husband having it.
> 
> However the CPS disagrees:
> 
>  From https://www.bbc.co.uk/news/uk-49984737
> 
> |The move to charge Mrs Sacoolas comes after a file was handed to the Crown
> |Prosecution Service (CPS) on 1 November. The CPS said immunity did not
> |apply to dependants of consular officials outside of London.
> 
> There are also some rumours that the UK government let her leave in
> order to avoid an incident.

That is not a very complete picture of what happened.

Diplomats and family have automatic diplomatic immunity per Vienna
convention.

A special agreement between US and UK for that airbase waived
immunity for employees outside the base.

CPS (DA) claimed that also implicit waived immunity for family members.

Foreign Office (State Department) claimed she was still covered
by immunity.

A judge in high court ruled in favor of the Foreign Office view.

https://www.theguardian.com/uk-news/2020/nov/24/harry-dunn-parents-lose-high-court-immunity-case

Arne