Doc. 8189
11 September 1998

Interface between fundamental human rights and diplomatic immunity and privileges

Motion for a recommendation

presented by Mr Magnusson and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1. Diplomatic immunity and privileges have the objective of enabling diplomats to exercise freely their functions without undue interference by the national authorities of the country where they are accredited, whether they be administrative, fiscal or judicial.

2. Diplomatic immunity and privileges are therefore essential for the promotion and maintenance of good relations between states.

3. As a general rule, diplomats who live in a certain country are expected to respect the laws of that country – insofar as they are applicable to them.

4. They are thus submitted to the criminal law and must abide by traffic regulations and many other laws of their host country.

5. However, there are no legal means to oblige them to respect these laws and, when they refuse to abide by them, they cannot be forced to do so – unless their diplomatic immunity is waived by their own country.

6. Two recent examples show the negative impact diplomatic immunity can have:

i. the case of a foreign diplomat accredited in France who, as a result of excessive speeding in his car, killed two children on a pedestrian crossing and whose immunity was only waived after much hesitation by his own country;

ii. the case of the former embassies of the Baltic States in some Council of Europe member states which is the subject of a recent report by the Committee on Legal Affairs and Human Rights (Doc. 8176).

7. Both cases involve fundamental human rights which are guaranteed in the European Convention on Human Rights.

8. Diplomatic immunity in such cases may be at variance with Article 1 of the Convention which provides that the Contracting Parties must secure to everyone within their jurisdiction the rights and freedoms guaranteed by the Convention.

9. The Assembly therefore recommends that the Committee of Ministers:

i. study the interface between fundamental human rights and diplomatic immunity and privileges;

ii. consider whether it may be possible to arrive at more satisfactory solutions in this respect in the context of the 40 member states of the Council of Europe;

iii. consider the possibility of setting up – within the framework of the Council of Europe – a special commission which may decide on waiving diplomatic immunity where this seems to be desirable.

Signed : ¹

Magnusson, Sweden, SOC

Besostri, Italy, SOC

Demetriou, Cyprus, EPP/CD

Frunda, Romania, EPP/CD

Gelderblom-Lankhout, Netherlands, LDR

Hagard, Sweden, EDG

Jansson, Finland, LDR

Jaskiernia, Poland, SOC

Martins, Portugal, SOC

Nastase, Romania, SOC

Solonari, Moldova, SOC

Staciokas, Lithuania, EDG

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group