An official from the United States Embassy is accused of causing the death of an 11-year-old Zimbabwean girl in June of this year. The official, Mr. Eric Kimpton, who serves as the US Embassy’s Second Secretary, allegedly struck and killed Ruvarashe Takamhanya in Dema, an expansive peri-urban area located south of Harare on June 3. Shortly after the tragic incident, Mr. Kimpton left the country, leading to a diplomatic dispute with authorities in Harare.
The parents of the girl, who are still grieving and seeking answers, are yet to find closure, reports The Herald. Following the fatal accident, in which the young girl died instantly from the impact of the speeding vehicle, the family has been left in distress.
Also Read: Two cops part of gang that killed housemaid
Subsequently, the police have initiated legal proceedings against the US diplomat as he failed to report himself following the tragic event. Taking advantage of diplomatic immunity, Mr. Kimpton departed the country with his family, citing trauma and the need for counselling services.
In his official statement to the police, he indicated that he would return to Zimbabwe after two weeks. However, he has not fulfilled this promise and is yet to return.
Commissioner Paul Nyathi, the police spokesperson, confirmed the occurrence of the accident, but indicated that there has been no development in the case since Mr. Kimpton is no longer present in the country.
“The police who attended the scene were told that he needed a period to rest, but were told later he was no longer in the country. The documentation process hasn’t been completed and the matter is still before the police because we could not proceed with the formalities in his absence. It appears he is no longer coming back to Zimbabwe,” said Comm Nyathi.
Mr Kimpton is still holed in the US seven weeks after the accident that claimed the life of the minor with authorities particularly irate, after the US Embassy waved the diplomatic immunity flag.
Sources said in a Note Verbale to the Ministry of Foreign Affairs and International Trade, the US Embassy invoked diplomatic immunity for Mr Kimpton to prevent his prosecution in Zimbabwe.
Deputy Chief Secretary to the President and Cabinet (Presidential Communications), Mr George Charamba, said Zimbabwe is outraged by the conduct of Mr Kimpton and will do everything possible to have him brought to justice.
“No one, from whichever country or continent, is allowed to spill innocent Zimbabwean blood and get away with it. The behaviour of diplomats must be consistent with the dignity of their profession but also with the expectations of the Vienna Convention. When a diplomat is involved in a fatal traffic accident, uses the pretext of counselling, which he thinks is only available in his country, and then decides to stay away from the police, he or she moves from being a diplomat to a fugitive and there are adequate instruments which Zimbabwe can summon to bring that diplomat to account. We will do precisely that,” said Mr Charamba.
Under international law, foreign diplomats and family members enjoy certain protections that allow them to avoid prosecution for almost any crime unless the diplomat’s home country waives immunity, according to the 1961 Vienna Convention on Diplomatic Relations.
Zimbabwe, if Washington refuses to waive the diplomatic immunity, could then be forced to declare Kimpton a persona non grata (an unwanted person).
While some countries shield their officials from prosecution in host countries, others waive diplomatic immunity.
Early this year, The Straits Times of Singapore reported that former Romanian diplomat Silviu Ionescu was convicted for a hit-and-run car accident in Singapore which caused the death of a 30-year-old Malaysian man.
Ionescu, Romania’s charge d’affaires in Singapore at that time, left the country three days after the accident.
There was much public outrage in Singapore as he was not stopped from leaving the country or arrested after the accident. In addition, he could not be brought back to Singapore for trial as there was no extradition treaty between Singapore and Romania.
In response, the Singapore Ministry of Foreign Affairs said then that as an accredited diplomat, Ionescu could not be arrested even if he did not leave Singapore after the accident — unless the Romanian government waived his diplomatic immunity.
It was only after the Romanian government officially withdrew him from Singapore, thus ending his diplomatic posting, that he could no longer claim immunity for the accident.
He was eventually prosecuted and sentenced to six years in prison in Romania.
