Crime, International Diplomacy and Khashoggi’s Murder
Not that I thought that it was only in Nigeria, that Government has no respect for the rule of law (to the extent that, members of public are appealing to Government to release Sheik El Zakzaky and his wife, in the interest of peace – pleading for people who have already been granted bail by a court of competent jurisdiction, and the DSS has still refused to release them!), or that governmental impunity prevails, and Journalists are victimised, abused, maltreated and even killed, for doing their job.
Jones Abiri
Recently, we had the case of a Journalist in Bayelsa State, Jones Abiri, the Publisher of Weekly Source Newspaper, who was detained without trial by the DSS from July 2016 to August 2018, contrary amongst other laws, to Section 35(3) & (4)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), which provide inter alia that, a person arrested must be informed in writing in a language he/ she understands, of the grounds of the arrest/ detention and brought before a court of law within two months of the arrest/detention. The allegation against Mr Abiri, was that he was a Niger Delta militant, who was amongst other things, instigating and fuelling the separatist movement against the Government.
Dele Giwa
In 1986, during the military days of General Ibrahim Babangida, the gruesome murder of Dele Giwa, Editor and Founder of Newswatch magazine, two days after he was interviewed by the State Security Services, occurred. He was killed by means of a letter bomb, and to date, his murder remains unsolved. I remember that at the time, all accusing fingers pointed at the military junta, as being responsible for his death.
Jamal Khashoggi
But the case of Jamal Khashoggi, takes the cake, over and above even the murder of Dele Giwa, because the latter’s killing was slightly less brazen than his, in that it occurred in Dele Giwa’s home, still leaving five percent room for speculation about Government’s involvement in his killing, and not within the premises of a government establishment, like the Saudi Arabian Consulate in Istanbul, Turkey. A Consulate, can be likened to a smaller version of an Embassy. It has a smaller representation than an Embassy.
It was during my somewhat eventful trip to Europe last month, October 2nd to be precise, that the news broke that Mr Khashoggi, a Saudi Journalist, Author, and critic of the Saudi Government, had disappeared. When it was revealed that Mr Khashoggi went to the Saudi Consulate in Istanbul in the company of his fiancée, Hatice Cengiz, whom he instructed to wait outside for him, and having waited till about midnight, and never saw him come out, I smelt a rat. At some point, I thought that, maybe Mr Kkashoggi had been forcibly bundled back to Saudi Arabia, a la the Umaru Dikko/Buhari Military Government crate kidnapping style. And when the Saudi Government feigned ignorance about his whereabouts, I took their claims of ignorance with a bag (and not a pinch) of salt. After all, every Embassy/ Consulate has records of who goes in and out, as you usually have to sign in and out, at the points of entry and exit. Also, in the Western world, most establishments and institutions, have CCTV (close circuit television) cameras installed all over the place.
So, how could the Saudi Consulate/Government, claim not to know what had become of Mr Khashoggi? It doesn’t take rocket science to conclude that, for a person to be murdered like that, within the confines of a Government establishment such as a Consulate, with so many people flying in from the sending country, apparently with implements like a chain saw, some high ranking members of that Government and the Consulate, were certainly not just aware, but an integral part of the murder conspiracy. Apart from there being cameras in an Embassy/Consulate, there are metal detectors, not only at the airports through which the suspects travelled, but at the point of entry into the Consulate, making it impossible to gain access into the premises with a weapon, unless the weapons came through the diplomatic bag which cannot be searched, or they were allowed to bring them into the premises.
It was subsequently revealed that, Mr Khashoggi was tortured and murdered by strangulation, and his corpse thereafter, dismembered (obviously to be able to transport his body out of the Consulate easily without detection, possibly for burial or to simply get rid of his remains).
The Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963
There have been several violations of international law in this case, ranging from extra- judicial and extra-territorial killing, breach of the rules of diplomatic and consular functions of a Consulate, as provided for in Article 5 of the Vienna Convention on Consular Relations 1963 (VCCR), and breach of fundamental human rights, like the right against torture (as there was an allegation that Mr. Khashoggi was tortured), and the right to life (as guaranteed by UN Charters).
Even though there were about 18 people purportedly arrested for the crime, it is not clear how many diplomats were involved in the murder. The Saudi Consul to Turkey, is one of the diplomats who has however, been fingered as being a part of this incident. Majority of those who are alleged to be involved in this murder conspiracy, are not foreign envoys, and do not have diplomatic immunity.
While the Vienna Convention on Diplomatic Relations 1961 (VCDR), governs diplomatic relations between Sovereign States (relates to Embassies), the VCCR relates to Consulates. Many of us erroneously believe that an Embassy/ Consulate of Country A within Country B, constitutes part of Country A’s soil within Country B. Even though the VCDR and VCCR make foreign missions inviolable in host States, not to be entered into or searched without the permission of the sending State, Article 22(1) & (3) VCDR and Article 31 VCCR respectively, technically the premises of the Embassy/ Consulate is still on the host country’s soil. For example, the US Embassy in Abuja, is not considered to be American soil, though Nigerian law enforcement agents cannot enter into it or search it, without the permission of the US Embassy. A baby born within the confines of the US Embassy in Abuja, is not considered to be born in USA and cannot therefore, be considered to be an American citizen by virtue of birth in the Embassy. The Saudi Consulate did not give Turkish law enforcement access into their premises, until almost two weeks after the crime had been committed, when forensic evidence would not only have been tainted, but may have been made to disappear, thereby making the process of crime scene investigation an uphill task.
The immunity provided for in Article 41 of the VCCR, is not as wide as that of the VCDR; it provides that a consular official can be arrested pending trial, in the case of a grave crime (like in Khashoggi’s case) and pursuant to the decision by the competent judicial authority. The VCDR confers diplomatic immunity on diplomats (Article 31(1) VCDR). However, this immunity can be waived by the sending State (Article 32(10 &(2) VCDR). Diplomatic Immunity is “the privilege of exemption from certain laws and taxes granted to diplomats by the State in which they are working”. Many have called for a revision/amendment of the VCDR, as it has been argued that, in the case of criminal offences, it should not be up to the sending State to decide to waive diplomatic immunity; that whoever commits a criminal offence, especially one as terrible as murder, should be prosecuted, diplomat or not. I concur. I think it is absolutely unfair, for a criminal to be able to hide under the cover of diplomatic immunity to escape from prosecution, having committed a crime. Being a foreign envoy, certainly does not confer the position of being above the law, upon such a person.
The Turkish Government, rightfully asked for the perpetrators of this heinous crime, including the Consul, to be extradited to Turkey, to be prosecuted, as the crime was committed on Turkish soil. Their request was, however, turned down by the Saudis. It seems that, Saudi has no extradition treaty with Turkey. With the attempt by the Saudi Government to cover up the incident, can justice truly be served, if the perpetrators are tried in their home country? Giving up the Defendants, including the Consul, to the Turkish Government for prosecution, will go a long way to disabuse the minds of many, who have accused the Saudi Government of complicity in this incident.
Nigeria: Diplomatic Immunties and Privileges Act
There are similar provisions in the Diplomatic Immunities and Privileges Act (DIPA), which grants foreign envoys immunity from suit and legal process (Section 1(1) DIPA), and the choice to waive the immunity, with the consent of their Governments (Section 2 DIPA).
“IT IS UNPRECEDENTED AND UNACCEPTABLE, THAT SUCH A GRISLY AFFAIR COULD TAKE PLACE IN A CONSULATE, WHICH IS MEANT TO BE A SANCTUARY, WHERE PEOPLE, ESPECIALLY CITIZENS OF THE SENDING COUNTRY, CAN RUN INTO FOR SAFETY AND PROTECTION, AND DEFINITELY NOT TO BE MURDERED”
However, it is time that Governments around the world, stopped witch hunting Journalists for doing their job. Constructive criticism, does nobody no harm. Instead, it assists, corrects. Journalism is not about massaging the egos of leaders, it’s about disseminating true facts to the public, whether they are complimentary to the leadership or not. My sincere condolences go to Hatice Cengiz, the fiancée of Jamal Khashoggi, and his family, for his brutal and senseless murder. It is unprecedented and unacceptable, that such a grisly affair could take place in a Consulate, which is meant to be a sanctuary, where people, especially citizens of the sending country, can run into for safety and protection, and definitely not to be murdered.