Un presunto diplomático ruso se encuentra en una situación delicada en Argentina, tras ser detenido por la policía local. El incidente ocurrió el 25 de diciembre y ha requerido la intervención de las autoridades federales y posiblemente del Ministerio de Relaciones Exteriores. El individuo, que se cree es un funcionario de la embajada rusa, ha estado estacionado durante aproximadamente una hora mientras las autoridades intentan determinar cómo proceder. La ley 17.081, que respeta la Convención de Viena, protege los vehículos diplomáticos de ser registrados, pero no está claro si esto se aplica a los controles de alcoholemia.
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00:00As we have been informed, here is the vehicle, from the back, the driver, who we presume is a diplomat,
00:08was mentioned from the Russian embassy, sitting at the wheel, cell phone in hand, and there,
00:12talking, three people, who we also presume belong to the embassy, in Spanish,
00:18talking to a police officer, precisely to see how to act.
00:22He is no longer a traffic officer, they had to go to a city police officer,
00:27and we have also seen a police officer from the Argentine Federal Police,
00:31who has also joined us here.
00:33So, I presume that he will also be talking to the Chancellery,
00:36who is on duty today, December 25th, to see, well, in this context,
00:41in this context, how to act, if they are going to let him continue moving forward,
00:47if he is going to be subject to alcoholism control.
00:49We were checking the 17081 law, which respects the Vienna Convention,
00:53and seeing what happens to the property of a consulate, of an embassy.
00:58For now, we are reading what happens to consular premises, right?
01:02They will enjoy the inviolability granted to them by this article,
01:06it is Article 31 of this law, and we are also checking what happens,
01:10because it is clear what Cristian pointed out, it is interesting,
01:12what happens inside a vehicle...
01:14Because what you are saying is a real estate property.
01:18Look, look.
01:19An embassy, a house, a real estate property.
01:21This is a real estate property.
01:22Law 17081, Article 31.
01:25Cris, are you listening?
01:27Point 4.
01:28Perfect, Fernando.
01:29Consular premises, their real estate, office property, and their means of transport...
01:35There it is.
01:36...cannot be subject to any requirement for reasons of national defense or public utility.
01:43If expropriation were serious for these purposes,
01:45possible measures will be taken to prevent the exercise of consular functions from being disrupted,
01:49and the State will be paid for sending an immediate, adequate, and effective compensation.
01:54We reiterate, I am reading Law 17081, Article 31.4.
02:00Consular premises, real estate, office property, and their means of transport...
02:05Yes.
02:06...cannot be subject to any requirement for reasons of national defense or public utility.
02:09Wait, wait, wait.
02:10One thing is the requirement.
02:11One thing is the requirement, which is to check.
02:13One requirement is to search.
02:15Here they don't want to check or search.
02:17Here they are asking the driver of a vehicle from the Russian embassy to do the alcohol test.
02:22The man refused to do the alcohol test and refused to get out of the vehicle.
02:26Therefore, he is committing an offence.
02:28It is in Argentine soil.
02:30These are our traffic rules.
02:32You must respect them.
02:33As much as the vehicle is from an embassy, in this case, the Russian embassy.
02:37The member of the embassy can say that he is doing...
02:41Or they are trying to...
02:43Sorry, the point is what is the primary criterion.
02:45If the criterion is that he is traveling in Argentine soil,
02:49or the criterion is that he is doing it for the good of the Russian embassy...
02:53No, it doesn't matter.
02:54...which is protected by this convention.
02:56He should be released with a traffic control.
02:57Because, you know what happens?
02:59I am in the Argentine embassy in Spain.
03:01There is a traffic control.
03:03I pass by because I am Argentine.
03:05But the truth, Carlos, is to consult a constitutionalist.
03:07Yes.
03:08I don't know if so far we have consulted some of them.
03:09It's true.
03:10I would like to talk to you, but...
03:11The traffic control...
03:12He tells me that there are no privileges.
03:13The traffic control...
03:14He is driving on Argentine soil, and the traffic control has to do it.
03:18Yes, but the embassies are also on Argentine soil.
03:21However, they are part of the state that owns them.
03:24But he is traveling on Argentine soil,
03:26with a vehicle from a Russian embassy, in an alcoholics control.
03:29So, if you...
03:30He has no privileges.
03:32The member of the embassy obviously has the data,
03:36or has read the Law 17081,
03:39which talks about a respect of the Vienna Convention of 1963
03:42on consular relations,
03:43and that in its article 31.4
03:45it talks about the premises, furniture and means of transport
03:49that cannot be subject to privileges due to a matter of defense.
03:53Well, he can deduce that.
03:54Yes.
03:55Surely he is communicating with the authorities,
03:57with a higher authority.
03:58No, sure.
03:59To see and be protected against this attempt of privilege.
04:02Christian, you said it.
04:03He will consider it.
04:04Since when is this man there?
04:05Sorry, I said it before.
04:09Approximately it will be an hour, 60 minutes,
04:11that this person has been here.
04:13We assume that he is an official of the Russian embassy.
04:17The vehicle has a consular patent.
04:22Well, the data you just gave, means of transport.
04:25It is a means of transport, it cannot be subject to privileges.
04:28But of course, the four covers are on Argentine territory.
04:32Now, what happens if the driver gets out of the vehicle?
04:36I mean, you have to see in the small letter of that law
04:39that Fernando presented us very well.
04:41He cannot be subject to privileges,
04:43but to a contract of alcoholism he is supposed to be.
04:46But for some reason, I mean, if he gets out of the window,
04:49he can be subject to control.
04:51And this is where there is a legal vacuum.
04:54Christian, but the contract of alcoholism is not a privilege.
04:56No, no, no, it is not a privilege.
04:58It is not a particular type of privilege.
05:00No, you are controlling that a person does not drive alcoholized.
05:02The member of the consulate, in the case of the embassy,
05:05can say, I am...
05:07He is in a means of transport that belongs to the Russian Federation.
05:12It does not belong to the Argentinean Republic.
05:14And I see that certain agents are trying to require it.
05:17No, no, no, it is not a requirement.
05:19Let's do one thing, let's see how the story ends later.
05:21Colleagues, let's take into account at an airport,
05:23at an airport, for example, when the staff of embassies
05:26does not have to open their suitcases either.
05:28I mean, let's agree on that, for example.
05:30I mean, the staff of embassies have many privileges.
05:36Among them, for example, is that situation, right?
05:39Obviously, not to drive alcoholized,
05:41but we do not know if it is alcoholized either.
05:43It is not confirmed that it is alcoholized.
05:45That is to say, it is a presumption.
05:47Maybe it is not alcoholized.
05:48No, if it is denied, if it is denied, Christian.
05:50Maybe in terms of security, he can argue that
05:52he does not go down the window for security reasons
05:54in a country that is at war.
05:56That does not happen anywhere in the world.
05:58It does not happen anywhere in the world that a person
06:00transits on Argentine soil or on any soil.
06:02They want to do an alcohol control
06:04without obviously enriching the vehicle
06:06and the person is denied.
06:08That is, under this concept that we are proposing,
06:11this person, we are going to put a hypothesis
06:13that it is alcoholized.
06:15You let him go because he has a car from the Russian embassy
06:17and alcoholized can kill a person.
06:19No, he has to get out of control,
06:21you give him 0-0 and he can continue his course.
06:23The truth, that's what has to happen.
06:25With this man or with anyone else who is driving
06:27or circulating on this avenue,
06:29there are alcohol control.
06:31Article 42, communication in case of arrest,
06:33preventive detention or instruction
06:35of a criminal procedure,
06:37speaks of the Argentine receiving state
06:39being forced to communicate it without delay
06:41to the head of the consular office.
06:43In this case, there is no arrest,
06:45there is no arrest.
06:47If there was a procedure,
06:49a procedure that is usual
06:51on this date, especially
06:53when it is more extreme,
06:55there is no alcohol control.
06:57Excuse me, at this time...
07:01Yes, while Cristian is also looking for information...
07:03No, no, no, just a detail,
07:05there was a collision with a car...
07:07Let's get closer because there is some information...
07:09You drive everything.
07:11You drive everything.
07:13With respect to how it was acted in this case,
07:15how it is being acted.
07:17In the case of positive,
07:19the legal procedure continues.
07:21And if he doesn't do it, what happens?
07:23That's up to the police.
07:25We don't interfere in that matter.
07:27What are you going to do with him?
07:29He refused.
07:31We are waiting for the police
07:33to finish solving how to proceed with this.
07:35We, as I repeat,
07:37request their collaboration
07:39to continue with the procedure dictated by the law.
07:41Has this ever happened to you?
07:43Did you expect to start on the 25th like this?
07:45A little.
07:47Yes, it's not the first time it happens.
07:49Thanks to the police of the city,
07:51we have always been aware
07:53of our safety
07:55and that the procedures are being followed.
07:57You just mentioned that other diplomats
07:59passed by and braked.
08:01They did the test.
08:03In fact, just now,
08:05a car of a diplomat passed by.
08:07He blew, he continued.
08:09In the course of the morning, two or three also passed by.
08:11What country are you from?
08:13I know one was from Russia,
08:15but I can't tell you exactly.
08:17That's why we are surprised
08:19that you don't want to carry out the control
08:21when other people...
08:23You can't deny that.
08:25You can't deny that.
08:27You can't deny that.
08:29I don't know.
08:31No, not at the moment.
08:33I don't know if the officers will be able to identify him
08:35when they talk to him.
08:37Did he go down the window at some point
08:39or was he denied from minute zero
08:41when you wanted to submit him to the control?
08:43I don't know if he understood
08:45what we explained to him as a procedure.
08:47He told us that he didn't want to carry it out.
08:49And when we explained to him the importance of doing the control,
08:51he just went up the window and continued.
08:53Did he stay there?
08:55Did he advance a few meters?
08:57No, no, no, he stayed there.
08:59As he parked the car, the vehicle is there.
09:01I don't think you can answer this question,
09:03but do you have any kind of immunity for being a diplomat?
09:05That's up to the police to answer.
09:07Of course, we have to see many things.
09:09Article 4 tells us...
09:11Sorry, I'm going to read it because I really don't remember.
09:13Article 4 of the Vienna Convention on Diplomatic Relations
09:15of 18.04.1961
09:17Article 41 states that
09:19without prejudice of their privileges and immunities,
09:21all people who enjoy those privileges and immunities
09:23must respect the laws and regulations
09:25of the receiving state.
09:27He is obliged to stop and cooperate.
09:29Exactly, he has to do the process
09:31like any normal citizen who has it.
09:33Did you find out about this now
09:35from the small letter
09:37or did you already know that in the case of diplomats
09:39it was done this way?
09:41Yes, that's why we are aware
09:43that he has the obligation to do it
09:45and at no time has he been allowed to withdraw
09:47because we are aware that he has to carry out the controls
09:49and he has to act as...
09:51I don't know about the first one,
09:53but we are instructed in this.
09:55Did you mention the Vienna Convention
09:57and this article that you just read to the driver?
09:59I gave it to the officer I just talked to
10:01and I talked to one of the people
10:03who presented himself at the time
10:05and I indicated the article to him.
10:07Martin, it's your first day and your first time
10:09talking to the media.
10:11Have you ever been at the party
10:13about Juan B. Justo and Santa Fe?
10:15More or less.
10:17It's what makes it good.
10:19This is where you can see
10:21the importance of the controls
10:23and that no one is exempt from respecting the law.
10:25Thank you very much.
10:27They are now surrounding this vehicle.
10:29Well, very clear.
10:31The traffic officer, the truth is that the detail is perfect.
10:33Vienna Convention, the corresponding articles.
10:35He has to submit to alcoholism control
10:37even though we presume to be a diplomatic official.
10:39He does not get out of the vehicle.
10:41Now he was surrounded by two police officers
10:43from the city,
10:45while he has also approached
10:47personnel from the Argentine Federal Police.
10:49But as I just mentioned,
10:51the person in charge of this alcoholism control
10:53here in Libertador and Callao
10:55does not have to deny himself
10:57despite being a diplomatic official.
10:59We presume to have a diplomatic patent
11:01to have to submit to alcoholism control.
11:03He drove the vehicle
11:05and he was surrounded
11:07by people...
11:09He drove the vehicle
11:11and he was surrounded
11:13by people...
11:15He drove the vehicle
11:17and he was surrounded
11:19by people...