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Breach of Immunity - Gueorgui Makharadze

Breach of Immunity - Gueorgui Makharadze

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Published by Dydi Arifien
It's a case of a Georgian Diplomat, made an unlawful act within his post in the United States, and the US Government successfully ask the Georgian Government to waive Makharadze's diplomatic immunity so they can adjudicate him in the US
It's a case of a Georgian Diplomat, made an unlawful act within his post in the United States, and the US Government successfully ask the Georgian Government to waive Makharadze's diplomatic immunity so they can adjudicate him in the US

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Published by: Dydi Arifien on May 07, 2010
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11/14/2010

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TUGASHUKUM DIPLOMATIK & KONSULER 
Gueorgui Makharadze, 1997
Kasus sehubungan dengan Imunitas Diplomatik 
Oleh:
Dyah Ayu Paramita1101 1006 0071
Fakultas Hukum Universitas Padjadjaran2009
 
Kasus
In
Ja
nu
ary 1997,
Gueorgui Makharadze
, the dep
u
tyambassadorof theRep
u
blic of Georgiai
n
 Washi
n
gto
n
ca
u
sed a
n
accide
n
t that i
nju
red fo
u
r people a
n
d killed a sixtee
n-
year
-
old girl. He was fo
un
dto have ablood alcohol co
n
te
n
tof 0.15, b
u
t released from c
u
stody beca
u
se he was a diplomat. The U.S.gover
n
me
n
t asked the Georgia
n
gover
n
me
n
t to waive his imm
un
ity, which they did a
n
d Makharadze wastried a
n
d co
n
victed of ma
n
sla
u
ghterby the U.S. a
n
d se
n
te
n
ced to seve
n
to twe
n
ty
-
o
n
e years i
n
priso
n
.The first three years of his se
n
te
n
ce were served i
n
aNorth Caroli
n
apriso
n
, after which he was repatriatedto his home
n
atio
n
of Georgia to serve the remai
n
der of his se
n
te
n
ce.
Georgi
an d
iplom
at 
or
d
ere
d t 
o
 
rem
a
i
n
i
n Un
i
e
d Stat 
e
s
Ja
nu
ary 10, 1997Web posted at: 9:00 p.m. ESTWASH
I
NGTON (CNN)
--
The high
-
ra
n
ki
n
g Georgia
n
diplomat s
u
spected of drivi
n
g dr
un
k i
n
a high
-
speedcar accide
n
t that killed a 16
-
year
-
old girl was ordered by his gover
n
me
n
t Friday to remai
n
i
n
the U
n
itedStates pe
n
di
n
g the o
u
tcome of the i
n
vestigatio
n
.G
u
eog
u
i Makharadze, Georgia's No. 2 diplomat i
n
Washi
n
gto
n
had received orders to ret
u
r
n
home. B
u
tEd
u
ard Shevard
n
adze, preside
n
t of the former Soviet rep
u
blic, overt
u
r
n
ed those i
n
str
u
ctio
n
s Friday a
n
dsaid he was prepared to waive the e
n
voy's diplomatic imm
un
ity."The preside
n
t of Georgia reaffirms his co
n
cer
n
s over the car accide
n
t ca
u
sed by the Georgia
n
diplomatwhich res
u
lted i
n
the loss of h
u
ma
n
life," Shervard
n
adze's office said i
n
a stateme
n
t.Makharadze "shall remai
n
i
n
the U
n
ited States
un
til the completio
n
of the i
n
vestigatory a
n
d legalproced
u
res,
un
less a differe
n
t agreeme
n
t betwee
n
the two gover
n
me
n
ts is reached."Mea
n
while, a se
n
ior U.S. official told CNN thatWashi
n
gto
n-
area police had stopped Makhardze o
n
 s
u
spicio
n
of speedi
n
g several times before the Ja
nu
ary 4accide
n
t
n
ear Embassy Row that claimed the life of Jovia
nn
e Waltrick of Ke
n
si
n
gto
n
, Maryla
n
d.Police have said they believe Makharadze's car wastraveli
n
g as fast as 80 mph whe
n
it triggered the m
u
lti
-
vehicle accide
n
t that killed Waltrick. They s
u
spected thecrash was alcohol
-
related, b
u
t they did
n
ot admi
n
isterBreathalyzer or blood
-
alcohol tests beca
u
se of Makharadze's diplomatic imm
un
ity.Shevard
n
adze, the former Soviet foreig
n
mi
n
ister,directed Makharadze to remai
n
i
n
the U
n
ited States after receivi
n
g a perso
n
al appeal from U.S. Secretaryof State Warre
n
Christopher.
 
The Georgia
n
Embassy i
n
Washi
n
gto
n
, however, iss
u
ed a stateme
n
t defe
n
di
n
g its earlier decisio
n
to recallMakharadze, b
u
t said Shevard
n
adze bowed to the "deep co
n
cer
n
s" of Christopher a
n
d "i
n
the i
n
terest of U.S.
-
Georgia
n
relatio
n
s a
n
d o
n
moral a
n
d ethical gro
un
ds.""O
n
a perso
n
al level, the Georgia
n
gover
n
me
n
t has exte
n
ded its si
n
cerest co
n
dole
n
ces to the family of Jovia
nn
e Waltrick," the stateme
n
t said. "
I
t had paid the expe
n
ses of her f 
un
eral, a
n
d is e
n
deavori
n
g toassist her family i
n
obtai
n
i
n
g a meas
u
re of compe
n
satio
n
for their i
n
co
n
solable loss."Makharadze's lawyers said i
n
a stateme
n
t that their clie
n
t was a
n
"
un
witti
n
g political paw
n
" who "has
n
ever had a br
u
sh with the law."Lawyers Pa
u
l Perito a
n
d Kirby Behre said Makharadze's rights had bee
n
violated by "the circ
u
s
-
likeatmosphere" s
u
rro
un
di
n
g the highly p
u
blicized case.
Georgi
an
pre
s
i
d
e
nt t 
o
wa
ive
 
e
n
voy'
s
imm
un
i
y
 
Diplomat could face homicide charges in U.S.
Ja
nu
ary 12, 1997Web posted at: 8:30 a.m. EST (1330 GMT)TB
I
L
I
S
I
, Georgia (CNN)
--
Georgia
n
Preside
n
t Ed
u
ard Shevard
n
adze o
n
 S
un
day a
nn
o
un
ced he has decided to waive the diplomatic imm
un
ity of ahigh
-
ra
n
ki
n
g official i
n
volved i
n
a m
u
ltiple
-
car accide
n
t i
n
the U
n
ited Statesthat killed a 16
-
year
-
old girl.The preside
n
t of the Easter
n
E
u
ropea
n
 
n
atio
n
said he was g
u
ided by moralpri
n
ciple,
n
ot i
n
ter
n
atio
n
al politics, i
n
maki
n
g the decisio
n
."Fra
n
kly, it was with grave feeli
n
gs a
n
d a heavy heart that
I
made the decisio
n
regardi
n
g the fate of theyo
un
g a
n
d do
u
btlessly tale
n
ted diplomat, Georgy Makharadze," he said. "
I
ca
nn
ot imagi
n
e diplomacy a
n
dpolitics devoid of moral pri
n
ciple."Makharadze, 35, a mi
n
ister at the Georgia
n
Embassy i
n
Washi
n
gto
n
,was i
n
volved i
n
a five
-
car crash o
n
Ja
nu
ary 3 that killed 16
-
year
-
oldBrazilia
n
Jovia
nn
e Waltrick, who was livi
n
g i
n
 
n
earby Ke
n
si
n
gto
n
,Maryla
n
d.The U.S. attor
n
ey ge
n
eral's office has said Makharadze was allegedlyspeedi
n
g a
n
d i
n
toxicated at the time of the accide
n
t a
n
d that itbelieved it had s
u
fficie
n
t evide
n
ce to prosec
u
te him.The State Departme
n
t o
n
Th
u
rsday req
u
ested that Georgia
n
 

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