By Tony O’Reilly-
Russian diplomats have refused to pay hundreds of overdue speeding, parking and traffic fines dating back more than 15 years, frustrating Australian officials who can only politely ask that they respect local laws.
“We would would also appreciate it if you could remind staff and their dependents of their responsibility under article 41.1 of the Vienna Convention on Diplomatic Relations to respect Australia’s laws and regulations”.
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Freedom of information documents obtained by Guardian Australia reveals that the Department of Foreign Affairs and Trade (Dfat) is chasing almost $90,000 from the Russian embassy for fines dating back to 2007, despite repeated requests for diplomats to respect the law.
Foreign officials have diplomatic immunity in Australia and cannot be taken to court for traffic offences and overdue fines. But road authorities can issue demerit points and suspend licences, with Dfat able to stop the transfer of registrations until fines are paid.
Diplomatic immunity is a principle of international law that grants diplomats immunity from prosecution and other legal actions in the host country. This principle is intended to protect diplomats from being harassed or intimidated by the host country’s authorities and to ensure that they can carry out their diplomatic duties without interference.
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However, diplomatic immunity has its limitations. Diplomats are expected to abide by the laws of the host country and are required to pay fines for traffic violations, parking tickets, and other minor offenses. In Australia, diplomats are subject to the same traffic laws and regulations as other motorists. Failure to pay fines can result in the suspension or cancellation of a diplomat’s driver’s license or vehicle registration.
The implications of the Russian diplomats’ refusal to pay fines are significant. On the one hand, it undermines the authority of the Australian government and suggests that diplomatic immunity can be used as a shield to avoid legal consequences. This can lead to a breakdown in the relationship between the host country and the diplomatic community and erode trust between the two sides.
Diplomats have a duty to respect the laws and regulations of the host country and to act in good faith. This includes paying fines for traffic violations and other minor offenses. The refusal of Russian diplomats to do so raises questions about their commitment to their diplomatic duties and their willingness to abide by the laws of the host country.
It is worth noting that this is not the first time that diplomats have refused to pay fines in Australia. In 2012, the Zimbabwean ambassador was caught speeding and was issued a fine. The ambassador refused to pay the fine, citing diplomatic immunity. The Australian government responded by expelling the ambassador from the country, a move that was widely praised as a show of strength against a foreign power.
There have also been cases of other diplomats around the world who have refused to pay fines.
In 2019, the United States Embassy in London was fined £12 million for not paying the city’s congestion charge. The embassy claimed that it was immune from the charge, but the UK government disagreed and eventually settled the matter out of court.
The question of whether Indigenous Australians are treated the same way in terms of paying their fines is a complex one. Indigenous Australians have historically been subjected to systemic discrimination and have often been treated unfairly by the justice system. This has led to high rates of incarceration and a disproportionate number of Indigenous Australians being fined for minor offenses.
The documents indicate the Russian diplomats now have more outstanding fines than Saudi diplomats, who enraged Canberra police with brazen and dangerous driving in recent years.
A backlog of hundreds of outstanding fines issued to Saudi diplomats no longer exists, documents show. This may be because they were paid or because infringements can be withdrawn if offending diplomats have left the country.
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