Diplomat’s son at centre of sex assault claim

GARDAÍ said yesterday that no decision had been made not to prosecute a man — who enjoys diplomatic immunity — for allegedly sexually assaulting a woman.

The woman went public yesterday after she claimed her attacker would not be brought to justice as he was the son of a foreign diplomat and enjoyed immunity.

The woman contacted the Evening Herald and claimed investigating gardaí had told her they could not bring charges against her alleged attacker.

But the Garda Press Office said no decision had been made yet in relation to possible charges.

The spokesman said the case was still being considered by the Director of Public Prosecutions.

“We are confirming that the incident has been investigated and that a file has gone to the DPP.”

He said no directions had been received back from the DPP.

But the woman, a 20-year-old student from north Dublin, told the newspaper: “I thought the matter was being dealt with and then last month the gardaí rang me saying there was no point continuing because he was the son of a diplomat and had diplomatic immunity.”

The Diplomatic Relations and Immunities Act, 1967 states in article 37: “The members of the family of a diplomatic agent... enjoy the privileges and immunities specified in articles 29 to 36.”

The student said: “I feel so let down that he can get away with anything and nothing is done about it.”

She said the attack happened as she headed for Herbert Park in Donnybrook, Dublin, last October. She said a man asked her for directions before dragging her down a laneway.

“I thought he was going to rape me. He had his hand down my top as he was dragging me.”

She said she screamed and fought with her attacker and managed to escape before alerting gardaí. “They came down really quickly and began searching. They actually found him nearby,” she said.

A spokesman for the Department of Foreign Affairs said it was “deeply conscious of the serious nature of the matter and of the trauma experienced by those affected”.

“We have liaised closely with the gardaí in order to facilitate their investigation. The department understands that a file has been sent very recently to the Director of Public Prosecutions and it would not, therefore, be appropriate for us to comment.”

Diplomatic immunity: UN convention protecting diplomats and their families

THE immunity of diplomats is governed by the UN Vienna Convention on Diplomatic Relations. It is enshrined here in the Diplomatic Relations and Immunities Act, 1967.

* Article 29 states: “The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention.”

* Article 31 states: “A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving state.”

* Article 31 also states: “The immunity of a diplomatic agent from the jurisdiction of the receiving state does not exempt him from the jurisdiction of the sending state.”

* Article 37 states: “The members of the family of a diplomatic agent... enjoy the privileges and immunities specified in articles 29 to 36.”

* However, article 32 states: “The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under article 37 may be waived by the sending state.”

* And Article 41 states: “Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving state.”

* According to the Foreign Affairs Department, unmarried children of a diplomatic agent under the age of 21, and children in full-time education under the age of 25, forming part of his household, are generally regarded as family members for the purposes of the convention.

Other family members who are dependent and permanently reside with a diplomat, forming part of his or her household, may come within the scope of article 37, for example, elderly parents or adult children with mental or physical disabilities.