George Yeo on Romanian diplomat hit-and-run case:
“What happened was very bad, a man was killed, people were injured,” said Mr Yeo. “The police are pursuing the matter very thoroughly but investigations are still ongoing and I should not be commenting on them. Let’s take this one step at a time, there must be due process in such matters.” (Channelnewsasia)
Khairulanwar Zaini
The seeming lack of justice in the aftermath of the tragic hit-and-run accident involving a Romanian embassy car on 15th December 2009, which has left one person dead, has triggered much public outrage, with Singaporeans lobbing vehement criticisms against the Singapore government for its perceived inaction and inefficiency. This has been compounded by the recent testimonies from other eyewitnesses explicitly contradicting the account of the Romanian charge d’affaires, Dr Silviu Ionescu, who was said to be in the vicinity of the abandoned vehicle, although he has denied any culpability in the accident.
Dr Ionescu is currently in Romania for medical treatment, although he has promised to return in late January to assist with the investigations. Nevertheless, the Singapore government has come under much flak for permitting Dr Ionescu to leave in the first place. This antipathy is an overspill from the backlash against the government’s lax immigration policies – in allowing a suspect in a hit-and-run to leave the country, the government was once again construed to be prioritising foreign interests over domestic ones.
Tied hands
Yet some of this anger is mis-directed. The fact is that the government’s pursuit of Dr Ionescu is circumscribed by the latter’s enjoyment of diplomatic immunity under the Vienna Convention on Diplomatic Relations. Any prosecution can only be undertaken with the expressed consent of the Romanian government.
The sad and tragic truth: Dr Ionescu is above the law.
This double standard in applying Singapore laws is neither motivated by bilateral diplomatic considerations nor succumbing to international pressure – it is a binding legal obligation. Going by the conventional interpretation of the treaty that provides a wide mandate for diplomatic immunity, Dr Ionescu is impervious to any criminal proceedings. With Dr Ionescu safely cocooned by international laws and norms, the only recourse available to the government is to request for Romania to waive his legal immunity if the investigations do yield enough evidence to prosecute him. If Romania declines so, the furthest Singapore could do is to declare him as a persona non grata, short of escalating the situation by recalling our ambassador.
The government’s hands, at the moment, are tied: while the people are right to be angry, unfortunately, the government cannot do much to prevent Dr Ionescu from going unpunished, if indeed he is found guilty of the crime. Some may however find this seemingly incongruent with the recent statement of the Foreign Affairs Ministry, which established that ‘members of the Diplomatic and Consular Corps must respect the laws and regulations of Singapore, despite their diplomatic immunity under the Vienna Convention.’
Written as a Straits Times Forum response to allegations of traffic violations by consular staffs (see picture right), it suggests that ‘immunity is intended to protect them only in the discharge of their duties.’ However, while diplomatic missions are expected to observe the laws of their host countries, they do so not out of compulsion, but as a matter of diplomatic politeness. The host government does not have any powers of legal enforcement, even in the grossest of transgressions, although it could wield its powers of persuasion.
The sound of public discontent
It is a pity, in having to depend on moral suasion over legal argument to convince Romania to grant a waiver, that the Singapore government has hobbled itself by outlawing cause-based assemblies. Such an incident in any other country would have been a cause célèbre inviting protests in an embassy’s vicinity. Hence, in denying even peaceful protests and any public expression of discontent, the government is unable to insist on a waiver in the name of public pressure and outrage.
Singapore is certainly poorer as a result, but this escapes the crux of the matter: that Romania has the prerogative to waive the immunity to allow prosecution if investigations do yield Dr Ionescu as the prime suspect. The online public petition, addressed to the Romanian embassy and government, is a step in the right direction – by aiming at the very agency that has the legal power to drive proceedings into motion.
It is certainly heartening to note that Dr Ionescu has agreed to return to Singapore in late January to assist the police, although the exigency of the situation and the gravity of the crime would call for Dr Ionescu to return post-haste. Surely, Dr Ionescu has enough confidence in our medical facilities’ capacity to fulfil his medical needs.
The Romanian government could also do no wrong in providing ex-gratia payments to the victims, since its vehicle was indeed involved in the accidents. Although it might be construed by some as an admission of guilt in the interim, this action will be hailed as a gesture of Romanian goodwill and generosity if the investigations do prove Dr Ionescu innocent.
Hence, despite him being above the law, this cause is not unduly futile: Dr Ionescu could be brought down with sufficient public moral outrage and pressure.
Better norms, refined laws
It is very anomalous, with the tendency of international laws and norms gravitating towards the validation of human rights and the rule of law, for diplomats to be endowed with such fortuitous legal entitlements. The notion of diplomatic immunity could use a few refinements. The spirit of preventing governments from shooting the messenger is laudable, but instances of abuses should compel governments to revise the terms. It will be tricky, it will be difficult, it will be arduous – but it is nonetheless necessary to ensure that the rule of law and the respect for human life can and will be upheld and observed for all, diplomats and the common man alike.
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If Dr. Ionescu is found guilty and unwilling to stand trial in SG, than the Singapore Special Forces should conduct a “Adolf Eichmann” style operation and kidnap him from Romania… Like Israel did in the 1960s!
[i]If Dr. Ionescu is found guilty and unwilling to stand trial in SG, than the Singapore Special Forces [/i]
wah! you are even worst…imagined leekuanyew send in a commando unit command by his grandson hongyi….
1/2 way thru..his pager rang..he asked to be excuse..sendin in the reserved commander who is limsiasuayed himself….
Lets gather our thoughts on this matter, focus our mind on a single object, Dr Ionescu, at 23:59 tonight. Our combined energy will be amplified many folds and bring him to the top of our “durian”. The thorns in his ass is tomorrow headlines.
This shows the rest of the world, don’t mess with us, we can be very siow one.
when it comes to foreign policy matters, there is plenty of diplomatic negotiations that go on behind the scenes and will never reach the public eye. It is not feasible for there to be full transparency in such matters and this is how the entire international relations system works. I think it is quite pointless to speculate on whether the government is doing everything or nothing at all to seek justice in this situation until investigations and negotiations are over and some sort of statement is released. How do we know that the Singapore government is not pressuring the romanian government to waive immunity? How do we know that the Romanian government is being compliant? When it comes to international matters, you will not always have full public disclosure and that is just how it rolls. There is a code of conduct that comes with diplomacy, and this includes the host country’s refrain from making public accusations at other governments, especially before the investigation has been completed.
Did you ALL see MFA Minister George Yeo fumbling on TV yesterday night talking about this hit and run case? He was so panicky and nervous, totally unlike the smooth and eloquent George Yeo.
The issue is not only about bring the Romanian to justice. It is how much the PAP Govt care about Singaporeans, Singapore and the system. They should be fighting hard for us since they pass laws disallowing us to demonstrate outside the Romanian embassy.
Hopefully they don’t tell us “let’s move on”
We need the people in charge to be “cheaper,faster and better” to solve this ASAP.
But then,”what to do, it has happened.”
Audrey is right.
States are restrained by norms of international relations and diplomatic communication in that there are processes by which such attempts at either extradition or prosecution in home countries are delved into.
What usually happens is public opinion then takes over and acts as a pressure on the government of any diplomat found to have committed a crime, to charge that fellow in their domestic jurisdiction.
The US Navy sailor involved in the orchard road incident was charged in a GCM, pay reduced and held in the brig. He was punished, not let off like what some people here might assume.
A well informed and well written article. Well done!
This Madame Monsieur is certainly going to fagged out our home team lor – just like the way of our beloved infamous MSK liao ……..
If anyone wants to seek the truth on the incident(provided that the Romanian government does not prosecute or waive Dr Ionescu’s diplomatic immunity),you could only wait for the Romanian government to release its classified documents pertaining to this incident in 30 to 50 years’ time,which might be available at the Romanian National Archives.
Only then will the public know whether the governments had done their part in getting the bottom of the matter.
the day will come when foreigners of every status commits a crime big or small & make a mockery of our “world class” status.
then the general public gets the blame for “complacency”, no social responsibility, lack of public spiritedness, etc….
i remember that the ratio of police to the number of citizens in S’pore is very very low, that is why citizens are encouraged to pick up the slack by being volunteers (& save on taxpayer’s $$$?).
if anything, I would say that the government is tacitly trying to provoke the public in some way in order to strengthen their negotiating hand against romania. Does anybody find it strange that the ST is actually reporting in a manner that does not cover up the issue but rather brings it to the forefront? for a paper we all know is a government mouthpiece, why is it trying to shoot itself in the foot?
mind you all….these are the world’s highest paid ministers…what a joke!! and as always our PM will disappear for a while….
Crime rate increases When crime is recorded.
Audrey: Does anybody find it strange that the ST is actually reporting in a manner that does not cover up the issue but rather brings it to the forefront?
Answer: GE coming. Must look like a caring govt.
Here’s the latest from the Bucharest Herald:-
http://www.bucharestherald.com/dailyevents/41-dailyevents/8586-prime-suspect-in-fatal-car-crash-dr-silviu-ionescu-still-holidaying-in-romania
Ex Ren Chi can travel, TT Durai can travel, Richard Yong can travel and now a Romanian can run road. Not forgetting Mas Selmat can move under our nose. Unfortunately Dr Chee Soon Juan does not have such priviledge because LHL is busy concentrating how to fix opposition, how to strategise the GRC into single ward, how to implement cooling day, how to control the new media…..and he lost his main responsibility of keeping jobless rate down, keep poverty low, and do all he needs to help Singaporeans. Such PM with disasterous performances should not be allowed a 2nd term of mandate, even GCT was aware and has been keeping quiet not to embarass his own part.
Somehow even if diplomatic immunity was waived I wonder what would be the out come of such a high profile case. I can see the headlines ..”Court finds Romanian diplomat not guilty” or “Romanian diplomat given 1 day’s jail and fined $2000″
It is the perception that the SG Govt is dragging its feet that is the crux of the anger, notwithstanding the diplomatic immunity.
Double standards and priorities of foreigners over the locals, fear of offending
other countries, etc are playing out in the heartlands.
Maybe the authorities are hoping time would help to quieten down the outrage
and the sticky problem would be swept under the carpet, hoping that people
would switch their attention on how to make money from the improving economy.
Mas Selamat , the most wanted person is still not back in Singapore soil for whatever reasons. Can Singapore bring back the diplomat?
They’re good at cathing oppositon party only, thats for sure…
Maybe the emperor intends to bring hordes of Eastern European whores for the IR, better not sabo the realtionship between Romania and Singapore
I think although the author tries to give a balanced view in some parts of the article, too much personal ideas, inclinations and suggestions are added to sway the article towards a certain direction.
First of all, nobody said the diplomat is above the law, nor did the Singapore government imply anywhere that the diplomat will get away scot free. Therefore, the author’s statement “The sad and tragic truth: Dr Ionescu is above the law.” is not true.
One of the responsibilities of the diplomat’s home country, is that while her diplomats enjoy immunity, the home country is responsible for the behavior of her diplomats and prosecution if necessary.
Secondly, the case is not concluded. It will be wrong for the Singapore government or the police to pronounce judgment and call him guilty.
Therefore, I think it is right that government handles this in a mature and calm manner, without making unnecessary emotional or judgmental statements and follow the right diplomatic and judicial processes in place and we will see justice done.
To Tammy Lee: of course the driver won’t suffer a bruise or scratch, human pedestrians has no effect to a driver sitting in the car…the car itself, apart from a broken windscreen(not even totally smashed), there wasn’t even much damage to the car…the driver is obviously totally unharmed, not even a scratch, the airbags won’t even pop…
Home affairs and MFA are doing sloppy work again. Letting the suspect run away again. Why are we paying all these monkeys millions? What if the suspect knocked down some MIW ‘s children and killed them? Will the same excuse be given to the people of singapore or the suspect be held in prison regardless of immunity? 1 Country 2 Laws? 2 Standards? We are indeed 3rd class citizens.
The least I would expect is a human touch from our “good” leaders…not just the MFA man saying about sad cases, but a visit to the injured victims or the widow. …like the recent announcement of “quiet” visits…making these visits public will go a long way to comforting not just the victims and widow, but to the common man too who is already feeling left behind by our so-called “good”leaders.
When it is time to “wayang” (hate to use this word in such sad cases) they don’t do it, but do it at so many other unnecessary times. sigh!
Amen. I second that.
Aside that, can I ask you guys who you’d think will be the man to succeed Mr Ionescu if he doesn’t return to office, whether or not he is charged and/or convicted of a traffic offence in Singapore? Will it be the man who helps the Romanian and Singaporean authorities in overseeing that Mr Ionescu has a safe and pleasant trip back to Singapore, and in ensuring that he completes investigations with the police? It could even be an underling in the Romanian embassy here today, or a Romanian (over in Romania) with good credentials and political connections with the Romanian authorities. If he’s willing to work for it, he’ll get it. Charge d’affaires, Embassade de Romania.
A Singapore Minister talking about due process??? Uh???
aiyoyo,
why the tp no stand up & talk huh?
how long need to close this case huh?
is the road really safe to cross even with green man on?
aiyoyo
[i]First of all, nobody said the diplomat is above the law, nor did the Singapore government imply anywhere that the diplomat will get away scot free. Therefore, the author’s statement “The sad and tragic truth: Dr Ionescu is above the law.” is not true[/i]
read my statement carefOOLEE in the other roman accident thread…
i been all over the world WORKIN!
till today i have yet to see a diplomat/aidedecharge/whatever bein to court for a hearin…
you singapoorium are just behind a wall..you all know NOTHIN!…
part II
the wayan just began..this romanian diplomat guy would NOT need to return here to face anybody..his country ^VOUCHED^ that justice/investigation would be carried out
in his native country romania under romanian law when the romanians were onced ruled by vampires who sucked blood for a livin and please do kindLEE take note..
who are all this socalled diplomats? karkeelang…(owned people)…
what is the punishment for a drunkdrivin hit N drunk in romania..would 1 inquired…
gipsies are a plenty with bullockdriven carts….
you tell me
We should all put our efforts into starting a wikipedia article on Siliu Ionescu. That will bring far more attention to the matter than discussion on TOC.
If things work out, pretty soon some Romanian officers will be on their way to Singapore to retrieve evidence of the case against Mr Ionescu. They’ll work closely with the Singapore police, and with the witnesses too.
Unfortunately, there’s also video-conferencing these days, meaning that officers with the Singapore police might not be able to fly to Romania to aid in the Romanian prosecution of Mr Ionescu (if he is charged with a traffic offence).
due proces would also mean that the accused rights and the legality of the trial would be preserved. So isG,Y conceeding that they have resigned themselves to having the Vienna immunity preserved?
I agree with the fact that there is no way to even show the international arena that there has been public discontentment and outcry over the issue because of the restrictions in public discourses.
A well wriiten article that does not push the blame entirely onto the hands of the government but also acknowledges the complications arising from International law and treaties.
if Romania refuses to send him back here and dialogues don’t work, then we should prepare to war Romania! Our NS is finally put to use now!
this is very sad. i hope ionescu will come to singapore and assist in the investigations, without diplomatic immunity. if he is innocent as he claims, he should walk the talk.
I think he will rather VERY MUCH be trialed and charged in romania then in singapore [unless his kakeelangs managed to help him siamed]…
For he prefer jail time in rumania then in singapore….at least there how long he serve can still be shorten with appeals and the usual under the table exchanges…
A sad state of affairs…
So many lifes affected…but the clown responsible will in time be back to his business/partying time again…except in another part of the world…
Justice is blind in singapore…only wayang. If no justice is done….it is beyond wayang…it is criminal. The problem is the ones in charge of it will just say sorry and let’s move on…more for themselves alrite.
Sad.
This case more than confirms what we already long know about our so called
” eww-ternational ” laws. For show only to scare locals to tow the lines.
My condolences to the bereaved Tong family and to the injured.
Take a good look at the slimy face photo of this so called Romanian diplomat with 2 party ladies side by side in another article. This is not the face of someone who will face consequences. He is someone more likely to screw your sister from behind and bring your mum to the new IR without a blink of an eye nor guilt.
And guess what? He feels right at home in Sin-ga-whore, until he commits a crime of course. His car just stolen when he hit people? So timely ? Medical check-up back home? Thought Singapore boasts world-class medical facilities, worse than Romania’s vampire system? LOL… How convenient. Zzzzz
This is not a case of justice for all. Dr Ionescu is above the law. Only Romania can punish him not Singapore. Singapore can only punish him if Romania waive the immunity.
Protest will not make a difference. It may lead to precedence and we will not be able to control and limit all future protests.
No one in his right mind will not emphatise with the victim’s families. I proposed:
a. The victims medical be waived by the state since the state could not due to legal arrangements ensure justice is done.
b. An ex-gratia sum be paid out of the State’s coffer to the victim’s parents and families since again the State cannot bring justice to the case.
c. At an appropriate time, the State should convince the Romanian authorities of their obligations and responsibilities.
d. The public can help by donating.
Let me ask you, if you were the diplomat, will you be so stupid to use your own car to knock someone down at the risk of your own career.
let TIME catch up with this highly educated irresponsible coward.
responsibility is not incehesive with diplomatic immunity.
on the contrary, this case smacks of uncivilised UNDIPLOMATIC bahaviour.
“God is watching us,God is watching us form a distance…”
I mean it is pure common sense. He have to work so hard to where he is today. Why would he want to risk everything by knocking someone???
OMG, I have eaten some really nasty dumb tarts before, but man, Caramel is the worse flavor. :P
You are not wrong to say that i am the worst flavour. After all it is none of my business here .
Instead of wasting their time amending the ‘contempt of court’ law perhaps the AG chambers would do well to ‘catch a tartar’.
My suggestion is also for the Opposition Parties of Singapore to make this an election issue and probe why there were serious lapses in efficacy bringing the culprit to justice!
[i]c. At an appropriate time, the State should convince the Romanian authorities of their obligations and responsibilities.
d. The public can help by donating. [/i]
everytime when the country have a problemo with the government in charged
we the peasants is onced again resposibile and had to donate again?
what do the overpaid ministers actually do?
you asked me..i asked you
you tell me…eer how about we donate in terms of kindness?
its really pissed me off…might as start a new warlords in every ghettos…
you dealt with your problemo in your ghetto..the biggest fist/parangs rules?
This Dr Silviu Ionescu is one rude and loud ass. I called up the Romania Embassy once before with some basic questions as i am going to Romania for business. His response is rude, loud and snotty. And he answered his emails with exclamation marks.
Dr Silviu Ionescu had said that prosecutors in Singapore were accusing him long before they had the right to do so. Dr Ionescu had reportedly said: “Someone died. It’s not something solitary, but happens all over the world. There are bigger stories out there”. “We trust the Romanian authorities do not share Dr Ionescu’s irresponsible and callous attitude,” MFA said.
After making such insulting comments on Singapore’s legal system and not showing respect to the victim Mr Tong Kok Wai and still the Romanian authorities still refuse to assist Singapore by sending Dr lonescu back. Singapore’s government should get Interpol, EU to assist and issue international arrest warrant and kick the Embassy of Romanian out of Singapore. Our respectable Leaders of Singapore show them we might be a small country but we are strong as a national. This is the pride of Singaporean.
[i]Our respectable Leaders of Singapore show them we might be a small country but we are strong as a national. This is the pride of Singaporean.[/i]
Ha Ha Ha…what a joke…respectable leaders? when the banala workers can enter into our casinos for free drink teh tarek for free even sleep on the carpeted hall for days and nights for free as well…while the truebred homeless singapooriums got chased away and evited from sembawang fishin coast.. pride of singapooriums? more liked TEARs of Singaporeans
It is so sad to have such ppl in singapore…. created trouble and run away….. when i want young time, i was reading michael fay incident… our govt insisted of the canning… i feel very proud of singapore, a tiny spot in the earth can reject a big big country… isn’t it very daring??? last time we are small but mighty. i do hope the authories can persude this matter asap to prove to the ppl of singapore we are still very strong. even a dog been abused we will also persude the matter. so wat is a human die???
We should outsource his punishment to Mossad. Shouldn’t be too diff to arrange, considering how good friends we are with Israel, nothwithstaing the fact that Isreal of screwing its friends. For a start, ket’s start turning Romanians away at Changi Airport.