Mohamed Rizalman bin Ismail, a Malaysian military attaché, entered one woman’s house and attempted to have sex with her. He was promptly arrested by the New Zealand police and charged with attempted burglary and rape. Invoking his diplomatic immunity, Mohamed left New Zealand to his country Malaysia. Following the international furor, Malaysia agreed to send Mohamed back and waive his diplomatic immunity. This case was interesting because NZ and Malaysia don’t have an extradition treaty. Apparently Mohamed “volunteered” to go back to NZ and face the trial. He served 9 months of house arrest.
Majed Hassan Ashoor, the first secretary at the Saudi Embassy in India beat and raped his Nepali housemaids. When the Police got involved, Diplomat invoking immunity left the country. All was left, a few NGOs protesting against the diplomat.
Accused Saudi diplomat leaves India
Traffic accidents
These cases happen far more often than beating and rape. An American military attaché was involved in traffic accident. He was reported to be drunk. As a result, the motorcycle driver died. The Pakistani authorities asked Americans to waive his diplomatic immunity so that he can be tried. After refusal, he was not allowed to leave the country. After extensive negotiations and substantial payments to the deceased’s family was the case finally resolved.
US diplomat involved in Islamabad accident departed post 'settlement' | The Express Tribune
Another very similar case, a Russian diplomat was involved in fatal traffic accident, in Canada, while drunk. Due to diplomatic immunity, he was allowed back to Russia. Upon arrival, he was charged in Russian court with involuntary manslaughter and jailed for 4 years.
Former Russian diplomat guilty of involuntary manslaughter | CBC News
A new case is developing right now in Turkey. It has been alleged that a Saudi national was killed in the Saudi Consulate. If this is true, we reached new lows in diplomacy.
As you can see, diplomatic immunity can be waived only by the diplomat’s side. The host country, on the other hand, can prohibit the diplomat from leaving the country. It can also make an international incident and make life hell for the remaining diplomats. But in the end it is up to the diplomat’s country if it wants to be viewed as a country that allows its diplomats to commit crimes and get away with it. A matter of national prestige is an important matter to some, not all countries.
Article 29 of the Vienna Convention states: “The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving state shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.”
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