Justice Secretary Leila de Lima. INQUIRER FILE PHOTO
MANILA, Philippines—The Saudi Arabian attaché arrested by the National Bureau of Investigation (NBI) for his alleged involvement in a human trafficking case has been released based on a certification by the Department of Foreign Affairs (DFA).
Justice Secretary Leila De Lima said the DFA certification stated that the attaché has diplomatic immunity under the Vienna Convention.
“That is the protocol and the process. The DFA is the best position to certify whether a particular foreign national is covered by diplomatic immunity and by diplomatic immunity, that is immunity from arrest and prosecution,” De Lima explained to reporters Wednesday. She also refused to identify the official.
Under Article 31 of the Vienna Convention on Diplomatic Relations, a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State.
The treaty said that a diplomat also enjoys immunity from its civil and administrative jurisdiction except in the case of: (a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
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