Sunday, September 20, 2015

A diplomatic failure

The quiet departure from India of Majed Hassan Ashoor, the Saudi Arabian diplomat accused of sexually assaulting two Nepali maids at his residence in Gurgaon, is a blow to New Delhi, both in terms of its pursuit of the issue on the diplomatic front and its commitment to fight crimes against women. Mr. Ashoor and some others face serious allegations. The women, rescued by the police from his apartment, allege they were held against their will, denied food and water, beaten and repeatedly raped over a period of at least 15 days. Their medical examination appeared to support the charges. India could not even question the accused before he flew home. If early reports are true, Mr. Ashoor’s departure was part of a diplomatic bargain struck between India and Saudi Arabia. Though New Delhi’s decision to release the name and designation of the diplomat — Mr. Ashoor was the First Secretary at the Saudi Arabian Embassy — is an unusual step, it failed to coax the Saudis into lifting his diplomatic immunity and bring him to justice. Saudi Arabia should have cooperated with India in the investigation, setting a precedent for its own diplomats and other nations in such situations.
As far as India is concerned, the case is far from being resolved. With the diplomat’s departure, what was a triangular crisis has acquired the form of a bilateral standoff between India and Nepal, which is an important neighbour. Apparently upset over the departure of Mr. Ashoor, Kathmandu insists India should continue the investigation to bring the diplomat’s partners in the crime to justice. The fact that the women in question were also victims of human trafficking networks needs to be taken into account. India thus has a legal and moral responsibility to get to the bottom of the case. At the same time, it is time for the international community to revisit the Vienna Convention, which offers a high degree of legal protection to diplomats and their families in the countries where they are posted. The Convention was meant to enable diplomats to carry out their duties without obstruction in the Cold War environment. Using its provisions to save diplomats facing charges of heinous crimes such as enslavement and rape cannot be justified under any circumstances.