770
i n t e r nat i o na l l aw
of diplomatic functions, including within this term police liaison func-
tions so that immunity continued under article 39(2).
408
In the
Former Syrian Ambassador to the GDR
case, the German Fed-
eral Constitutional Court held that article 39(2) covered the situation
where the ambassador in question was accused of complicity in mur-
der by allowing explosives to be transferred from his embassy to a ter-
rorist group. He was held to have acted in the exercise of his official
functions. It was argued that diplomatic immunity from criminal pro-
ceedings knew of no exception for particularly serious crimes, the only
resort being to declare him
persona non grata
.
409
The Court, in perhaps
a controversial statement, noted that article 39(2), while binding on the
receiving state, was not binding on third states.
410
Accordingly the con-
tinuing immunity of the former ambassador to the German Democratic
Republic under article 39(2) was not binding upon the Federal Republic of
Germany.
Although a state under section 4 of the State Immunity Act of 1978
is subject to the local jurisdiction with respect to contracts of employ-
ment made or wholly or partly to be performed in the UK, section 16(1)a
provides that this is not to apply to proceedings concerning the employ-
ment of the members of a mission within the meaning of the Vienna
Convention
411
and this was reaffirmed in
Sengupta
v.
Republic of India
,
412
a case concerning a clerk employed at the Indian High Commission in
London.
413
All ER 1; 78 ILR, p. 483. See also Y. Dinstein, ‘Diplomatic Immunity from Jurisdiction
Ratione Materiae
’, 15 ICLQ, 1966, p. 76.
408
111 ILR, pp. 611, 659–61. See also
Re P
(
No. 2
) [1998] 1 FLR 1027; 114 ILR, p. 485.
409
121 ILR, pp. 595, 607–8.
410
Ibid.
, pp. 610–12. See B. Fassbender, ‘S v. Berlin Court of Appeal and District Court of
Berlin-Tiergarten’, 92 AJIL, 1998, pp. 74, 78.
411
Or to members of a consular post within the meaning of the 1963 Consular Relations
Convention enacted by the Consular Relations Act of 1968.
412
64 ILR, p. 352. See further above, p. 725.
413
Diplomatic agents are also granted exemptions from certain taxes and customs duties.
However, this does not apply to indirect taxes normally incorporated in the price paid;
taxes on private immovable property in the receiving state unless held on behalf of the
sending state for purposes of the mission; various estate, succession or inheritance duties;
taxes on private income having its source in the receiving state; charges for specific services,
and various registration, court and record fees with regard to immovable property other
than mission premises: see article 34 of the Vienna Convention. See also
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