I know they commit horrible crimes at home, but turkey sure as hell isn’t going to hold them accountable for that.
With erdogans (turkeys dictator) bodyguards assaulting Americans on multiple occasions, if those guards go to another nation like Germany, Canada, UK, France, etc can they be held and extradited to the US to face charges?
AIUI, they were diplomatic personnel who held diplomatic immunity. After the beatdown, the US declared them persona non grata and ordered them to leave the country, all of which probably means Turkey wasn’t willing to revoke their DI status (revocation happens from time to time, e.g. I recall a case where a Russian diplomatic killed someone while driving drunk, we asked Russia to revoke his immunity so we could charge him, and they agreed).
We don’t want them brought back to the US because we can’t charge them.
I don’t understand the legal aspects but I have read the are different levels of diplomatic immunity.
The bodyguards may not have the full immunity the ambassador does.
They had diplomatic immunity in the US at the time, so the US can’t charge them with anything. You can’t extradite someone if you don’t have anything valid to charge them with that is a crime in both countries, and in this case what they did would not be a crime in either country so is doubly invalid. Other countries just aren’t going to arrest people for committed a non-crime in the US, or hold them without any kind of warrant or reasonable cause, or try to extradite them when neither country involved believes they can be charged with a crime.
Also Interpol doesn’t actually have arrest powers, it just issues notices recommending that various national police forces arrest a person. It’s not really sensible to talk about Interpol arresting someone because they don’t make arrests themselves.
It seems they likely hold diplomatic immunity but it is tricky.
Huh…guess you should tell the DC police that no crime was committed. They think there was.
If the US claims they don’t have diplomatic immunity, which they hadn’t when I read about this, then it’s a different story - though the feds may contradict the DC police before it’s all over. If there’s no diplomatic immunity and US authorities issue a warrant, then it’s a completely different ball game than trying to arrest people who have diplomatic immunity. In that case, depending on their agreements with Turkey about the status of the bodyguards, other countries could arrest them for extradition, though I don’t know if the crimes the bodyguards are accused of are serious enough for other countries to justify an arrest.
Even with immunity they can commit a crime.
Immunity only means they cannot be tried for the crime unless that immunity is waived (which sometimes it is but likely would not be here).
Take them into a private room on the jet over international waters and have the marshals give each a good beating.
Interpol can do arrests?
I wondered what would have happened in a “stand your ground” or self defense state. What if the bodyguards started felony assaulting someone in Dallas, and several passerbys open carrying AR-15s encountering them.
In Texas, it’s legal to shoot to prevent a felony. If the ‘passerbys’ pointed their guns at the bodyguards, and the bodyguards tried to draw their weapons, I think the Texas boys would be in their legal right to cap em. I guess the diplomatic immunity would apply to the bodybag the bodyguards are being returned in?
And what would you say if another government did that to some overzealous American security guys?
“Well done, thou good and faithful servant.”
No they can’t.
The above is from INTERPOL’s website. They don’t arrest anyone.
Note there are several CIA operatives last I heard that were still wanted in regard to a rendition in Italy where some Muslim activist (Abu Omar) was kidnapped and put on a plane back to Egypt after 9-11. in fact, IIRC, one was arrested in Portugal on her way to a family wedding.
http://www.foxnews.com/us/2017/03/01/italy-cancels-former-cia-agents-extradition-from-portugal-in-muslim-abduction-case.html - the US intervened, deportation to Italy was stayed, and the president of Italy gave her a partial pardon.
Not much of an update available since this news. She also claims that whatever the CIA did, she was not part of the operation.
And… Abu Omar was released by Egypt 4 years later, citing no grounds for detention.
The police in countries that are associated with interpol can do arrests. So if those same bodyguards end up in France, why can’t the French police arrest them and turn them over to the US for extradition?
IANAL but as I understand - the DC cops can file arrest warrants but the federal government has to request extradition. So for France or Germany to arrest these people they need a request from Washington the State Department, not Washington the municipality?
The police in countries not associated with INTERPOL can also make arrests. The point is INTERPOL just shares information. At the request of one of the member countries they can put out a red letter to inform other countries about a warrant. Whether or not someone gets arrested in another country has to do with what the extradition treaty is like. INTERPOL has nothing to do with it.
True, but virtually all countries except some very small ones are in Interpol:
UN member states without membership
Kiribati
Micronesia
North Korea
Palau
Solomon Islands
Tuvalu
Vanuatu
Partially recognized states without membership
Kosovo
Palestine
Taiwan