Case Study: Dom Pataleone De Sá E Meneses

The members of the diplomatic agent’s family forming part of his household enjoy a range of privileges and immunities. Privileges and rights include personal inviolability, inviolability of residence, and immunity against criminal and civil jurisdiction, exemption from social security provisions, exemption from taxation, exemption from personal services and exemption from customs duties and inspection.

Previously, there were some instances where family members committing crimes were released and in others they were arrested, prosecuted and found guilty. A well-known early cited case involved Dom Pataleone de Sá e Meneses. This instance indicates how members of a family invoked immunity to avoid prosecution. Sá travelled to England with his

The ILC debated very little over extending full privileges and immunities to the family of a diplomat. The question which puzzled most States was who was regarded as family. The majority of States did not define exactly which members of the family were entitled to immunities, but preferred some flexibility to settle disputes between the individual mission and the national government. Families are regarded as an extension of the person of the diplomat. The protection of the family has therefore been regarded as necessary to ensure the diplomat’s independence and ability to carry on his functions, as held in The Magdalena Steam Navigation Co. v Martin. Although the reasons for the family of a diplomat accompanying him into the receiving State can be understood, they should not be entitled to full immunity in criminal jurisdiction. For instance, during the years 1980 to 1981, Manuel Ayree, 19-year-old son of the third attaché to the Ghanaian delegation committed rape, sodomy, assault and other crimes in New York City. After Holmes (one of his victims) and her boyfriend identified Ayree while walking in the street months after her rape, the investigating officer, Pete Christiansen, arrested Ayree. Jane Doe (another victim) further identified him in a line-up and the police began the paperwork for prosecution. After being identified as the son of the Ghanaian diplomat he was released and all charges dropped, owing to his diplomatic immunity. The State Department’s only remedy was to declare him persona non-grata and expel him from the US. Family members who do not respect local laws and commit unlawful acts knowing that they can be protected against prosecution should not be entitled to such privileges and immunities and is it not