Portugal’s Foreign Ministry has bottled out over the diplomatic immunity row concerning the two Iraqi youths responsible for the savage beating of a local youth.
The Ministry today clarified its position in the Ponte de Sor attack, "it is not for the Portuguese authorities to lift the immunity of diplomatic agents accredited in Portugal."
Minister Augusto Santos Silva said today that it is down to Iraq to remove diplomatic immunity from its diplomatic agents and their families before Portugal can investigate fully the circumstances surrounding the attack.
The option of declaring the ambassador persona non grata - thus opening the way forward to prosecute the twin attackers - was not mentioned in today's statement.
First, says the ministry, the local judicial authorities have to ask for diplomatic immunity to be lifted. This request then is passed to the Iraqi authorities, adding that the Ministry of Foreign Affairs can not request anything as it is not a judicial authority.
"If there is a lifting of immunity, the Portuguese judicial authorities can then start or continue criminal proceedings against the persons concerned.
"The Vienna Convention does not exempt those covered by diplomatic immunity from prosecution but allows any such prosecution to be carried out in the country of origin, in this case, Iraq.
"The Convention also implies irreproachable conduct from anyone covered by diplomatic immunity and expects them to respect the laws of the receiving State."
In an interview on SIC TV, broadcast last night, the twin sons of the Iraqi ambassador admitted the attack on Rúben Cavaco in Ponte de Sor and said they had not intended to hurt him so badly and offered a "sincere and heartfelt apology" to the 15-year-old victim, and to his family.