America 'fugitive' diplomat shielded from Zimbabwe prosecution

A spokeswoman from the United States Embassy in Harare has refuted allegations by Harare that its diplomat is on the run after allegedly killing an 11-year-old girl in a road traffic accident in Dema, 60 kilometers west of the capital, Harare.

Zimbabwe has identified the diplomat as Eric Kimpton, the US Embassy Second Secretary.

In an exclusive audio response to questions sent by VOA Zimbabwe Service's Studio 7, a spokeswoman for the embassy said, "The US embassy expressed its sincere condolences and deep sadness regarding the tragic death of a school-aged girl near Dema, Zimbabwe on June 3rd, 2024."

She added, "The US embassy including the US diplomat involved in the accident transparently complied with local officials following the accident. The diplomat involved in the accident has since departed Zimbabwe. US embassy representatives have been in communication with the family and community including attendance at the funeral and support for the girl's family. The US embassy recognizes the devastation of this accident for all involved and will continue to communicate and cooperate with the police and other officials as they complete their investigation. Our thoughts are with the family and loved ones, of the girl."

Harare Response

Reached for comment, Zimbabwe Republic Police spokesman, Commissioner Paul Nyathi told VOA that, "The police who attended the scene were told by senior US embassy officials that he (Kimpton) 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. Investigations have stalled."

In an interview with the state-leaning Herald newspaper, Deputy Chief Secretary to the President and Cabinet (Presidential Communications), George Charamba was less diplomatic.

He said, "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."

Diplomatic Immunity

Texas-based human rights lawyer, Kennedy Masiye, says diplomats are protected under international law.

Masiye said, "Diplomats are protected from prosecution under international law. Zimbabwe is signatory to the Vienna Convention that protects diplomats from being prosecuted criminally or in civil court."

Masiye admitted that Harare can ask for a waiver, though he notes that it is up to Washington to lift the immunity for the diplomat to stand trial.

According to the U.S. Department of State Office for Foreign Mission Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities: "The principle of diplomatic immunity is one of the oldest elements of foreign relations."

It further says, "Ancient Greek and Roman governments, for example, accorded special status to envoys, and the basic concept has evolved and endured until the present. As a matter of international law, diplomatic immunity was primarily based on custom and international practice until quite recently. In the period since World War II, a number of international conventions (most noteworthy, the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations) have been concluded. These conventions have formalized the customary rules and made their application more uniform."