Response to 'kooldog59': "do we allow potential criminals to hold on to their passports so..."

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Originally Posted by kooldog59 maybe you can answer my question as posted onanother thread about the same topic...

Apologies for the reply delay, your adjacent thread post 'Re: Romanian Embassy Diplomatic Car Hit & Run - 17-05-2010, 08:54 AM' is here: [link].
Thank you for the opportunity to clarify.

Quote:

After the corner found Dr Silviu Ionescu guilty on 31 March 2010 and supplied the evidence to Romania, why did Romania not impound Dr Silviu Ionescu's passport pending their internal investigation? Afterall, he has been recalled to Romania pending investigation, right? The first duty of the state is to ensure that he will be present to stand trial if the investigation is proven true, right? Or do we allow potential criminals to hold on to their passports so that they can escape from the country, while investigation is going on? Would this not be in accordance with the VCDR that the sending state will be responsbile to punish the diplomat if it was found that he had violated the laws of the state to which was assigned, while not on official duty?

Official duty or not, he is obliged to obey laws and can be punished for any indiscretions he is guilty of e.g. traffic offences even whilst he is on duty- unless of course his home country chooses not to prosecute- but that another issue altogether.
About 'impounding the passport', I reserve comment at present as this issue was not reported at all in the news; though I agree with you that it would have been a generally good thing that Singapore should have, accompanied by adequate evidence, at first instance discussed with the Romanians if this was, as the case may be, deemed necessary.
But for Singapore's >100day delay in acceding to Romania's request for formation of a 'JTWG' and the late invitation of 'investigators' from the Romanian side, as mentioned in my 1st post to you and the ST report [May 16, 2010]: 'Romania welcomes envoy' respectively, it would indeed have been expedient for Romania to execute such an 'impounding' since it is the lack of adequate information/ evidence that often stymies any successful court action. That said, these delays are of a mutual nature, that of the first to propose, and the second to respond.

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...So it was obvious that, there is potentially a possibility of him running away from Romania and hiding in a place where nobody knows so that he will not be prosecuted, right? Since Romania, failed to live up to the spirit of the VCDR by making sure that he reamined in Romania to face trial if investigation found him guilty, why blame Singapore for protecting her own interest by issuing and international warrant of arrest for Dr Silviu Ionescu on 9 Apr 2010 to keep him in Romania pending Romania's internal investigation?

Romania indicted Ionescu on 2ndFeb for "for negligent homicide, fleeing the scene of the accident and false statements" and the next day, seized his properties with the aim of "satisfying the claims of the civil parties". Singapore's Interpol notice, premised upon its own (flawed) interpretation of the Vienna Convention on Diplomatic Relations (VCDR), must have been 'untenable' and ostensibly at Romanian request, 'suspended' by Interpol. Singapore would have thus been wise, simply to have put forward to the appropriate representatives of the Romanian MFA, Singapore's reservations over Ionescu's freedom of travel, or any other matter in this regard. The 'Interpol red notice', premised upon the unsubstantiated use of A39.2, remains a 'spanner-in-the-works' in the effort towards mutual reconciliation of the Ionescu saga.

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Afterall, Romania had 9 days to act on it but failed and even objected to the international warrant of arrest until it was turned down by their very own high court...One may even go to the extent of speculating that, it may have been Romania's idea that he should simply go and hide himself in another state, Russia perhaps, so that they have an excuse do not to prosecute their own citizen, especially a diplomat, as the reason why they choose not to impound his passport...But this is purely speculation and the fact reamins that Romania could have prevented the internationl warrant of arrest being issued had they done due diligence by impoundng Dr Silviu Ionescu's passport to show their sincerity that justice will be done...

Your description of the 'international arrest' case is wrong and misleading. Firstly, the application was by Ionescu himself and not 'Romania', secondly, the term described in the ST report of 7th May 'Bid to stop arrest fails' was 'Bucharest Court of Appeals' and not "high court".
As explained in the ST article, the court simply declined to hear Ionescu's request as it deemed itself 'not-the-appropriate forum' for such requests- this 'self disqualification' albeit a slap in the face of Ionescu, cannot be in any legitimate way, construed as endorsement for the validity of the said international warrant, which by 18April, was viewable neither by the 'search-name' function, nor the 'persons wanted by Singapore' page of the Interpol web site.
In as much as Singapore wishes justice served, a contract remains a commitment, where in which one should sincerely abide to. Speculations, suspicions and the like, as tempting as they may be, ought not prejudice one's efforts at upholding one's side responsibilities, not to mention the channels for open communication.

It is probably in respect of the many competing economic interest amongst nations that the true spirit of mutual cooperation and acceptance as envisaged in the VCDR has become 'lost in translation', this is a sad turn for all of us as leaders jump in at every opportunity, practicing brinkmanship at every turn.
The 'haloed' VCDR is not longer revered as a pathway to harmony, but tool of conquest.

Mother Teresa: " Jesus said love one another. He didn't say love the whole world"- yet even in that respect do we fall sadly short- the foundations of 'humanity' are thus crumbling.

Then again, "The miracle is not that we do this work, but that we are happy to do it."~ Mother Teresa.

Let's hope that more are accepting and supportive of views like that embodied in the quotes of Mother Teresa.

Your rose tinted lenses must be a joy to behold.
Thank you for your concerned interest in this respect.
With Love,
BicCherry.


References:
- Vienna Convention on Diplomatic Relations (VCDR)
-[TODAYonline Apr 10, 2010] 'Romania's MFA gives its account': "Singapore's MFA explained to Mr Neagu on Friday that it was not possible to have formed the JTWG, which will collate such details, sooner than March 31 - which was when the Coroner gave his findings".
- 9April2010: 'Romania Keeps Singapore Updated On Steps Taken In Criminal Case Of Fmr Envoy Ionescu – FM':
-[TODAYonline 15Apr2010]: 'Ionescu property seized'
- ST 7May2010: 'Bid to stop arrest fails': "The Bucharest Court of Appeals on Thursday overruled his request, deeming it inadmissible but said he could still appeal to the High Court of Justice".
- 11May2010 [my forum article]: 'The book of law should be read in spirit, from front to back and not vice versa'
- [ST May 16, 2010]: 'Romania welcomes envoy': ".. Singapore invited Romanian investigators to the republic to review the evidence against Ionescu over a month ago."
- Mother Teresa Quotes: http://www.brainyquote.com/quotes/au...er_teresa.html

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This/ equivalent topic related message(s) has/ have been posted/ reflected at the following forums:
A1forum:
19May2010: Ex-envoy (Doctor of Dispicable Crimes) Ionescu not protected by immunity, with discrete mention at:
08May2010: Romanian Embassy Diplomatic Car Hit & Run
08May2010: Nothing diplomatic about this immunity
HWZ:
18May2010: Romanian diplomat Ionescu was the driver in fatal hit-and-run; with discrete mention at:
07May2010: Possible consequences on Singapore-Romania relations: analysts
SG forums:
18May2010:Romanian diplomat's car in hit-and-run: cover up?
SBoy:
18May2010: ROMANIA Tells Singapore Garment To "** **** ********". And They Are Correct!
09May2010: Romania jailed Dracula Ionescu for 29 days! 3 Cheeers for Mr George Yeo & GMS
CNA:
5May2010: Interpol Red Notice of arrest against Silviu Ionescu suspen
T Review:
18May2010: Ionescu to appeal to Romanian High Court to cancel arrest warrant
Others:
SDP:
15May2010:A grave injustice
My Car forum:
18May2010: Silviu Ionescu continues to enjoy diplomatic immunity
Reach:
15May2010:Ionescu: The book of law should be read in spirit, from front to back and not vice versa.