[Congressional Record Volume 143, Number 24 (Friday, February 28, 1997)]
[Senate]
[Page S1785]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      WAIVING DIPLOMATIC IMMUNITY

  Mr. BYRD. Mr. President, I commend the President of the Republic of 
Georgia, Mr. Eduard Shevardnadze, for the unusual but very appropriate 
action that he has recently taken regarding the actions of one of his 
nation's diplomats in Washington.
  As has been widely reported, President Shevardnadze broke with 
longstanding international precedent and waived diplomatic immunity 
from prosecution in the case of a Georgian diplomat who was arrested 
for a particularly outrageous incident of drunken driving, resulting in 
a high-speed crash and the death of a 16-year-old girl.
  Diplomats have a special responsibility for representing their 
countries in all manner of civil societies and all manner of 
governmental regimes. To prevent their being subject to harassment, 
punishment or other actions which would interfere with their 
representational functions, immunity from prosecution has been a time-
honored protection.
  Now, we have to think of our own diplomats, those who represent the 
American Government who are abroad in countries that do not have the 
due process principles for which our country is noted and working under 
the Constitution which we have and which protects citizens.
  Mr. President, somebody ought to call attention to this, and it just 
seems to me that more of us ought to take notice when something like 
this happens. And we should not only speak out against the heinous 
crime that was committed but also we should compliment the head of the 
foreign government that exercises and demonstrates high purpose and 
responsibility in a situation such as this.
  However, diplomats also have a special responsibility for exemplary 
personal behavior, given their favored status. The tradition of 
immunity is not a license to behave in any but the most commendable 
manner. Immunity was not designed to protect loose living, risk taking 
or unlawful activities. Therefore, the action by President Shevardnadze 
in removing diplomatic immunity so that his diplomatic representative 
can stand trial for his outrageous behavior does not erode the 
traditional protection of diplomats but, rather, reinforces the need 
for diplomats to act properly and lawfully.
  I hope our own diplomats abroad would act properly and lawfully. I 
could not condone any action that was not proper and lawful, and our 
government should not condone it on the part of our own diplomats.
  President Shevardnadze is a highly respected leader in a very 
difficult part of the world. The Caucasian states of the Caspian region 
have been subjected to continuous, sometimes very heavy-handed pressure 
from the former Russian overlords who resent their independent, 
sovereign status as new nation-states. Georgia, Azerbaijan, and Armenia 
all fall into this category. The leaders of these nations have upheld 
their independence under great pressure. We have to commend them for 
demonstrating that kind of courage. They have good independent 
judgment, and they deserve the support of the United States. The action 
of waiving immunity in this flagrant, flagrant case that I have 
referred to is a good example of the sound independent judgment of 
President Shevardnadze, and I highly commend him and am proud to stand 
on the floor of the Senate today to recognize the wisdom he has shown 
and the courage he has demonstrated.
  Mr. President, I thank my friend, Senator Thomas, again, and I yield 
the floor.
  The PRESIDING OFFICER. Who seeks recognition? The Senator from 
Wyoming is recognized to speak for up to 30 minutes.

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