02 May 2012

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Is it legal to hide in embassy, how many years one can stay in an embassy? Case of Chen hiding for a week in USA embassy


Is it legal to hide in embassy, how many years one can stay in an embassy? Case of Chen hiding for a week in USA embassy

Embassies are the official missions through which nations conduct their foreign affairs. Embassies are headed by ambassadors, the highest-ranking diplomats stationed abroad.



What is embassy?


Meaning of Embassy-


1.    the residence or place of official business of an ambassador


2.    A building containing the offices of an ambassador and staff


3.    a diplomatic building where ambassadors live or work

Meaning definition of ambassador –
A diplomatic official of the highest rank, sent by one sovereign or state to another as its resident representative (ambassador extraordinary and plenipotentiary).

An American embassy serves as the headquarters of the ambassador, who acts as the president's representative in the host country.

Embassies are considered an extension of the home country's territory, so no one is permitted to enter an embassy without the ambassador's permission.

Why there is need to ask this question is it legal to run and hide in an Embassy?

Few days back Chinese dissident Chen Guangcheng ran away and he got the refuse in American Embassy.
He left the US embassy in Beijing after taking refuge there for a week.
Previously he had been under house arrest.
Media reported that Chen was under house arrest not legally but unofficially but he ran away.
After one week now his lawyer told to media that now Mr.Chen is a free man.

Year – 1989
Another case is that of Fang Lizhi, a Chinese astrophysicist and government critic, who took refuge in the US embassy in Beijing.
He stayed over a year, and left under a deal which saw him take up a fellowship at the University of Cambridge, before moving to the US.
He lived there for the rest of his life and died a few weeks ago.

Another example is
Year 1956
Hungarian Catholic Cardinal Jozsef Mindszenty spent 15 years under the protection of the US embassy in Budapest, from 1956 to 1971.

Year 1989 -
Manuel Noriega, President of Panama. Took refuge in the Vatican embassy in December
The US bombarded him with loud rock music 24/7 until he could no longer stand it, walked out, and was arrested

June 2008 -
Morgan Tsvangirai, Zimbabwe's opposition leader took refuge in the Dutch embassy in Harare in June 2008.
In 2009 he was sworn in as prime minister in a power-sharing government


Now the question is Is it legal to run and hide take refuge in an Embassy?

Article 22, Vienna Convention on Diplomatic Relations says that
The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.

The 1961 Vienna Convention on Diplomatic Relations codified a custom.
The custom says that local police and security forces are not permitted to enter, unless they have the express permission of the ambassador - even though the embassy remains the territory of the host nation.

Yes it’s legal to hide and take the refuge in embassy, but you should choose the right embassy.

You should not be a criminal and wanted by a court order in this case embassy will hand over you to police.

You should be a famous person who fights for the cause of people and there should be a threat for your life from local bad people, white collar criminals in such cases if you hide in a strong embassy you will get protected.

Reality views by sm –

Wednesday, May 02, 2012

Tags - Embassy
 

19 comments:

Matt May 03, 2012  

Pretty cool, I never knew it was legal.

Baur May 03, 2012  

Very interesting!

Alucard0691 May 03, 2012  

That's pretty cool, but bad at the same time.

unikorna May 03, 2012  

This is the very first political blog I've visited so far...it's refreshing to find out new useful things :).

Jim May 03, 2012  

Thanks for the information

Rajesh May 03, 2012  

Wonderfully informative.

Mai Yang May 03, 2012  

interesting..I'll keep that in mind, I mean, to choose the right embassy. haha!

Bikramjit May 03, 2012  

well i am under the impression that the embassy is thats countries Soil , so if us embassy has no problems then it is legal

Bikram's

Anonymous,  August 24, 2012  

Excellent post! so the ambassador basically has the last word on who he lets in or not ? so Ecuador can say "yes" and mr. ambassador "no" ? so why make the effort of talking to the government itself and just put pressure on the ambassador ?