The functions of Diplomatic Missions according to the Vienna Convention 1961

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Recent developments about the responsibility of an Ambassador of a country. They are particularly relevant while considering the serious actions to be pursued at the Ambassador’s level for securing the interests of the Indian citizens. I may be permitted to refer to the Vienna Convention on Diplomatic Relations, 1961, available in United Nations, Treaty Series, Vol. 500, Page 95.

Important reminder notice to the Ministry of External Affairs, Government of India

(The following excerpts highlights very important elements in view of the observations on the conduct of the matter, the Italian Ambassador, in the case pending before the Supreme Court of India)

March 20, 2013

The Secretary to Government of India,
Ministry of External Affairs,
Government of India
172, South Block, New Delhi – 110 011.

Ref.30JAN2013/INDO-GULF/REP

Respected Sir,

I had submitted to the Ministry a detailed representation for ‘Indo-Gulf Reparation Mechanisms’ relating to my grievances arising out of the cruel treatment, and the NON-EXECUTION of Judgments for both, the lower Court and the highest Courts ofAbu Dhabi, U.A.E., in my favour where I had spent a long period serving that Nation, as a law abiding Indian citizen.

Some criminal elements resorted to inhuman and illegal activities, against me. That is the essence of the grievance.

A copy of my representation had been sent to Shri Salman Khurshid, Hon’bleMinister for External Affairs. The Minister was generous enough to intimate me by his communication dated 15-2-2013 that he had “asked the concerned division to examine the same”.

With my agony remaining unabated, I am compelled to seek an immediate reply and relief from the Ministry.

Permit me to add two further aspects to my representation:

• 1) The judgment of the Delhi High Court 19-9-2007, which had extracted the letter of the Ministry dated 29-07-1998 reading: “Although under Section 86 cannot be granted for suing the UAE Government, we are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue this case at appropriate level”. (Emphasis supplied).
  
  (A copy of that judgment is enclosed herewith for ready reference)
  
  I have not been informed about the further endeavours of the Embassy in securing justice for my cause.


• 2) Recent developments about the responsibility of an Ambassador of a country. They are particularly relevant while considering the serious actions to be pursued at the Ambassador’s level for securing the interests of the Indian citizens.
  
  I may be permitted to refer to the Vienna Convention on Diplomatic Relations, 1961, available in United Nations, Treaty Series, Vol. 500, Page 95.
  
  It may be noted that under Article 3, the functions of a Diplomatic Mission include:
  
  (b) Protecting in the receiving State, the interests of the sending State and OF ITS NATIONALS, within the limits permitted by International Law”;
  
  (c) Negotiating with the Government of the receiving State;

Under Article 41 (2), “all official business with the receiving State entrusted to the Mission by the sending State shall be conducted with or through the Ministry of Foreign Affairs of the receiving State or such other Ministry as may be agreed”.

The conduct of the official business has to be emphasized in this context.

When the courts of one country in this case (UAE) concurrently declare the conduct of the foreign national (in this case, an Indian Citizen) as blameless, and when that declaration is reiterated by a High Court in India (Delhi High Court), it is, doubtless, an act of bad faith on the part of the foreign nation.

The legal position in such a situation is stated as:

“A State which acts towards foreign nationals in bad faith - violates the minimum standards of international law and acts contrary to the principles of law recognized by civilized nations”. [see the observations in 1952 Current Legal Problems, P.314]

This aspect has to be highlighted by Indian Ambassador at the highest level in the Government of U.A.E.

It is respectfully PRAYED that the External Affairs Ministry may be pleased to take peremptory action to discharge its solemn duties in protecting the long standing grievances of the Indian citizen.

I humbly request for such action at the earliest, and at any rate, before 15-04-2013.

If justice is denied to me even at this late stage, I may be constrained to seek relief from a Court of Law, to compel the Government to discharge its legal and Constitutional duty. (I would earnestly desire to avoid such an unpleasant course).

The Ambassador of the receiving State can be requested to bestow his personal and immediate attention in the matter, and to ensure the efficient performance of the functions of diplomatic missions according to the Vienna Convention signed at Vienna on 18 April 1961. This is all the more important in view of the observations on the conduct of the matter Italian Ambassador, in the case pending before the Supreme Court of India.

When the justice due to the petitioner has been declared by the Courts in U.A.E., and by the observations of the Delhi High Court, it is the bounden duty of the Indian Ambassador in U.A.E. to take up the matter firmly but in diplomatic style, to espouse the petitioner's cause with that Government. That will be discharging a duty assumed by the Government of India in its order dated 20-11-1997, as extracted in the judgment of the High Court of Delhi.

I seek an interim reply, acknowledging receipt of my humble representation.

Yours faithfully,

Panikkaveetil K. Jabir

Encl: 1) Copy of judgment of the Delhi High Court, dated 19-09-2007
The petitioner seeks a quashing order or direction to set aside an order dated the 29th of July 1998 made by the second respondent in these proceedings, i.e. the Ministry of External Affairs, Central Government. By that order (hereafter called 'the impugned order'), the respondents declined an application of the petitioner for permission to sue the Government of the United Arab Emirates (UAE). Full Text: Panikkarveetil K. Jabir vs Union Of India on 19 September, 2007 Delhi High Court

Encl: 2) List of heinous crimes committed by the UAE authorities against the petitioner
Disturbingly, the other Govt functionaries, the Ministry of Interior and the Emigration department dishonestly conspired with the Public Prosecution for hiding exonerating evidences and Judicial decisions to defraud a victim of torture. To this end, it was explicitly clear that all the above mentioned functionaries of Abu Dhabi Government posed as agents of a criminal, who has already been convicted of serious fraud. The events involved in the tragic case of the victim, which threw him out of his flourishing business field in Abu Dhabi, UAE and in the Middle East to a highly painful and devastating situation in his life could be briefed below:- View Full Text (HTML)     Download the PDF (Size: 425 KB)

Encl: 2) A Gift with Lots of Baggage (The realities of the UAE By Sarah Leah Whitson / HRW)
This a country where people who attempt to exercise their right to free speech and peaceful dissent are likely to find themselves in arbitrary detention, where lawyers are harassed and even deported for their efforts to defend peaceful dissidents, and where migrant workers, who make up about 95 percent of the work force, face extraordinary exploitation. In the last year the situation has deteriorated so significantly that on October 26 the European Parliament issued an urgent resolution calling on its strategic partner to call a halt to an ongoing campaign of repression and intimidation against its citizenry. Source: HRW   Download the PDF (Size: 52 KB)

Get the copy: Representation for ‘Indo-Gulf Reparation Mechanisms’

Download the Representation (PDF 1.58 MB Size)

Return to: ‘Indo-Gulf Reparation Mechanisms’

Principal Resources:-

1) International Human Rights Law & Protection Mechanisms’
The United Nations is an international organization founded in 1945. All Member States of United Nations (UN) have an obligation to promote and protect Human Rights and fundamental freedoms as stated (in Articles 55 and 56) in the Charter of the United Nations. The UN Charter | The General Assembly | The Security Council | International Court of Justice | OHCHR | UN Charter-Based Mechanisms | UN Human Rights Council | UN Treaty-based bodies | International Human Rights | Special Procedures of the Human Rights Council | The Paris Principles | The UN system | The Trust Fund for Victims (TFV) | Complaint Procedure

Global Practice of ‘Human Rights Law & Protection Mechanism’
Since the establishment of United Nations, a wide range of Human Rights instruments have been developed in different regions of the world to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
American Mechanisms | European Mechanisms | African Mechanisms | The Paris Principles | The Human Rights Council | International Human Rights Mechanisms

(2) IX. Reparation for harm suffered (A/RES/60/147)
"States shall, with respect to claims by victims, enforce domestic judgements for reparation against individuals or entities liable for the harm suffered and endeavour to enforce valid foreign legal judgements for reparation in accordance with domestic law and international legal obligations. To that end, States should provide under their domestic laws effective mechanisms for the enforcement of reparation judgements" Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. rights-remedy-reparations-general-assembly.pdf (size 146 kb) 

(3) Article 8 of the Universal Declaration of Human Rights expresses this principle as follows:- "Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law." Universal Declaration of HumanRights, G.A. Res. 217A, art. 8, U.N. GAOR, 3d Sess., 1st plen. Ntg,m U.N.Doc. A/810 (Dec. 12, 1948)

(4) Article 2(3) of the International Covenant on Civil and Political Rights obligates States "to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy," and "[t]o ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities." International Covenant on Civil and Political Rights, art.2(3), Dec. 16. 1966, S. Exec. Doc. E, Doc.E, 95-2 (1978), 999 U.N.T.S. 171 [International Covenant on Civil and Political Rights - ICCPR].

(5) Human Rights Treaties Obligate States to Provide Effective Remedies for Victims of Human Rights Violations. The principle of effective remedy, or effective reparation is a golden thread that runs through all modern international human rights treaties (American Bar Council). Professor Theo van Boven, an expert in the field of remedies for violations of international human rights law, explained the legal principle as follows:- "As the result of an international normative process the legal basis for a right to a remedy and reparation became firmly anchored in the elaborate corpus of international human rights instruments, now widely ratified by States." (Adopted by General Assembly resolution 40/34 of 29 November 1985 - Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power)
justice-for-victim-of-crime.pdf (size 79.6 kb) 

(6) Legal Framework of Rome Statute
The legal framework of Rome Statute is based on respect for individual rights and freedoms and included mechanisms to ensure impartial justice...The full text

Useful Links:-

The Universal Declaration of Human Rights...Read More

What’s Reparation Law?
The various forms of reparation law and their scope and content, covering both monetary and non-monetary reparations, may be summarized in its five forms consists restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Reparation shall render justice by removing or redressing the consequences of the wrongful acts and by preventing and deterring violations... What’s Reparation Law

Defining the Goals of Reparations
The quest for protecting individuals from mass atrocities is as old as the UN Charter and the Universal Declaration of Human Rights. The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation... Defining the Goals of Reparations

The Concept of Reparations
Reparation for the victims or survivors of torture, which is their right under international and many national laws, is becoming more and more a realistic possibility. As a result, many legal academics and lawyers, sociologists, medical practitioners and psychologists are now discussing the concept of reparation...The Concept of Reparations

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.
http://www.reparationlaw.com/statepractices/remedy-reparations-state-responsibilities.php

An introductory note by Prof. Dr. Theo van Boven
http://www.reparationlaw.com/resources/treaties-international-law-scholars-experts/

A Handbook on Justice for Victims
A Handbook on Justice for Victims based on the use and application of the ‘Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power’....More

A Handbook Implementing Victims' Rights
Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation - Handbook prepared by The Redress Trust
http://www.redress.org/downloads/publications/Reparation%20Principles.pdf

Reparations Law Debate:-
Reparation has progressively been conceived as a ‘Right’ of victims.