A Pakistan court due to rule on a claim of diplomatic immunity by a US gunman working for the CIA yesterday moved the decision to a lower court that has already ruled the trial should proceed.
“The matter about immunity will be decided at the trial court,” Justice Ijaz Ahmed Chaudhry of the High Court in Lahore said in his order.
Raymond Davis has claimed he acted in self-defense when he shot dead two Pakistani men in a busy Lahore street in January and US authorities have urged his release on grounds of diplomatic immunity.
The high court in the eastern city had been awaiting information from the foreign ministry over the diplomatic claim, but the government gave no clear answer on Davis’ status in its submissions yesterday, saying only that he entered the country on an “official business” visa requested by the US government, according to the deputy attorney general.
The long-awaited decision will now move to the lower court trying Davis on a double murder charge, which is due to meet again tomorrow to frame the charges, according to the public prosecutor.
The criminal court on March 3 ruled that the trial would go ahead after rejecting the immunity claim, saying that no legitimate documents had been provided to prove it, according to the lawyer of the families of the dead men.
Revelations that Davis was a CIA contractor have heaped pressure on Pakistan’s embattled government and further ramped up burning public mistrust of Washington, damaging fragile relations between the two wary allies.
Washington has expressed fears for Davis’ safety in custody and has said it holds the Pakistani government responsible for his well-being.
A third Pakistani was struck down and killed by a US diplomatic vehicle that came to Davis’ assistance in the January incident.
US officials denied Pakistan access to the vehicle and the occupants are widely believed to have left the country. Police have said they recovered a Glock pistol, four loaded magazines, a GPS navigation system and a small telescope from Davis’ car after the Jan. 27 shooting.
The US postponed a round of high-level talks with Afghanistan and Pakistan following failed attempts to get Davis out, and US lawmakers threatened to cut payments to Pakistan unless he is freed.
Under international law, embassy diplomats have full diplomatic immunity, whereas consular officials are liable for detention for grave crimes.
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