Press Interpreter

02/15/06 –- The immunity of diplomats reaches far. Even crimes are subject to it.

Foreign diplomats who commit a traffic violation or even a more serious crime in Belgium cannot be prosecuted. Neither can they be obliged to pay indemnities.

Minister of Justice, Laurette Onkelinx (SP), is not happy with this arrangement of diplomatic immunity, but she cannot change anything. “I outline you the current situation, though this does not mean that it carries my approval�, she said yesterday at the Justice Commission of the Chamber.

According to CD&V Member of Chamber Jef Van den Bergh, only one third of the number of diplomats working in Belgium pay their traffic fines. In 2002 that figure was still 44 percent.

There are 6,066 cars driving around in our country, carrying a special license plate of the Corps diplomatique (CD). How many of these diplomats do pay their traffic fines, asked Van den Bergh. And what if a diplomat causes a fatal traffic accident?

The only figure the minister of Justice could give was that last year 674 diplomats paid their traffic fines. Furthermore, she gave an account of the regulation of diplomatic and consular immunity, which dates from 1961 and 1963 respectively (Vienna Convention).

Diplomatic immunity is virtually absolute, according to Onkelinx. “In no way can a diplomat be prosecuted criminally in our country, whatever the seriousness of the crime. Even when abusing diplomatic immunity, the diplomat can commit crimes unhindered.�

The only thing Belgium can do in case of abuse is declare the diplomat persona non grata, after which the diplomat has to leave our country.

The far reaching immunity is not only valid for the diplomat himself, but also for family members living under the same roof and (administrative and technical) staff, if foreign nationals.

A diplomat cannot even be held responsible for a fatal traffic accident, not even civilly liable. This also means that he does not have to indemnify victims or surviving dependants. The only exception to this is if the country of origin of the diplomat renounces his immunity.

Diplomats can even leave parking fines unpaid unhindered.

Minister of Foreign Affairs Karel De Gucht (VLD) calls nonpayment of parking fines by diplomats rather “an unfriendly deed towards the host country�, though nothing more can be done than to insist on voluntarily payment.

[Full article]

By Filip Verhoest

--Translated by Serge Claes

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