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Inviolability : Diplomatic Immunities and Privileges

Inviolability : Diplomatic Immunities and Privileges

The concept of inviolability has been provided in the article 3, 4, 5, 7 and 8. According to article 3 (1) the building and premises of the Mission shall be inviolable. The official or an agent of the Government of Nepal shall not enter into them, except with the consent of the Head of the Mission, sub section (2) It shall be the duty of the Government of Nepal to protect the building and premises of the Mission against any intrusion or damage and to prevent any disturbance of the peace of the Mission or impairment of its dignity and sub section (3) The building, premises of the Mission, their furnishings and other property thereon and means of transport or the Mission shall be immune from search, requisition, confiscation, attachment or execution. Article 4 deals with the inviolability of the archives and documents of the Mission shall be inviolable at any time and wherever they may be. Article 5 deals with the inviolability of mission official correspondence, sub section 1 deals the official correspondence of the Mission shall be inviolable and diplomatic bag shall not be confiscated. Provided that, the packages constituting the diplomatic bag must bear visible external mark of their charter (i.e. Diplomatic) and may not contain other than diplomatic documents or articles intended for official use. Sub section (2) states that the diplomatic courier shall enjoy person/al inviolability and shall not be liable to any form of arrest or detention. Article 7 provides “A diplomatic agent shall enjoy personal inviolability and he/she shall not be arrested or detained provided that, the concerned employee of the Government of Nepal may inquire with the diplomatic agent with decorum and due respect to collect information regarding any criminal charge.”Article 8 deals with inviolability of a private residence of the Diplomatic Agent. The private residence of a Diplomatic Agent shall enjoy the same inviolability and protection as the building and premises of the Mission and except otherwise provided in this Act his/her papers correspondence and property shall likewise enjoy inviolability.

References and Works Cited

1. Vienna Convention on Diplomatic Relations, (1961)
2. Vienna Convention on Consular Relations, (1963)

 

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