MFA Spokesman's Comments in Response to Media Queries on the Romanian Ministry of Justice Statement of 9 April 2010 on the Issue of Diplomatic Immunity

In response to media queries on the Romanian Ministry of Justice statement of 9 April 2010 on the issue of diplomatic immunity, the MFA Spokesman said:

"On 9 April 2010, the Romanian Ministry of Justice issued a press statement suggesting that Romania is unable to effect a provisional arrest of Dr Ionescu, with a view to extradition, as he enjoys diplomatic immunity which Romania has not waived and Singapore has not sought such waiver.

However, the Romanian government's consistent position, until this time, was that it could not compel Dr Ionescu to return to Singapore, not because he enjoyed diplomatic immunity, but because there is no Extradition Treaty (ET) between Singapore and Romania.

That there is no ET between Romania and Singapore is a fact. We have thus taken the Romanian government at its word that it cannot compel Dr Ionescu to return to Singapore. That is why Singapore has asked the Romanian government to do what it can to persuade (and not arrest or compel) Dr Ionescu that it is in his own interest and in Romania's interest, to return to Singapore to stand trial.

Singapore has officially informed the Romanian government by a Third Person Note (TPN) to its Embassy in Singapore that the position on diplomatic immunities is explained in Article 39.2 of the Vienna Convention on Diplomatic Relations.

As Dr Ionescu was recalled by his government on 5 January 2010 and is no longer serving as the Charge d'Affaires of the Romanian Embassy in Singapore, his immunity for acts performed outside of his function as a diplomat would have lapsed as provided for by Article 39.2.

It is clear from the findings of the Coroner's Inquiry that the acts for which Dr Ionescu has been charged were not pursuant to his official functions. Dr Ionescu was using the Embassy vehicle in his private capacity and for his private purposes. As such, with effect from Dr Ionescu's recall, he no longer enjoys diplomatic immunity for the acts in question.

Therefore, there was no need for a waiver of diplomatic immunity by Romania and no need for Singapore to seek a waiver.

The Romanian Ambassador to Singapore Aurelian Neagu had himself commented to MFA during a meeting on 11 February 2010 that the events of 15 December 2009 were "the responsibility of Ionescu as a person and not as a Romanian diplomat".

It will be recalled that on 9 April 2010, the Romanian Ambassador had informed the Ministry of Foreign Affairs that the relevant Romanian officials were prepared to visit Singapore at any time to begin its work with the Joint Technical Working Group. We are waiting for the Romanian government to propose dates for the visit.

We will facilitate the visit of these Romanian officials, and assist them to gather the necessary evidence. Such evidence will, amongst other things, show that Dr Ionescu was acting in his private capacity and for his private purposes when the accidents took place.

On 12 April 2010, the Attorney-General's Chambers had forwarded a copy of the official records of the Coroner's Inquiry pursuant to the request for mutual legal assistance by the Romanian Ministry of Justice to the Romanian Embassy in Singapore. These materials contain all the evidence heard by the Coroner's Inquiry.

The Romanian government has consistently assured us, most recently through its Ambassador on 9 April 2010 and later that same day by the Secretary of State (Permanent Secretary) of the Romanian Foreign Ministry himself, that the Romanian government is committed to seeing that justice is served.

Based on these assurances, Singapore understands the obligations of the Romanian government to be: Firstly, to do all it can to persuade Dr Ionescu to stand trial in Singapore; and, secondly, if it is not possible to persuade Dr Ionescu to return to Singapore to stand trial, to investigate and prosecute Dr Ionescu under Romanian law, as the Romanian authorities have repeatedly said they will do."

When asked by the media on Dr Silviu Ionescu's latest interview with Libertatea, the MFA Spokesman said:

"We cannot take the wild babblings of a desperate man too cowardly to face up to his own responsibilities seriously.

As you are aware, we have informed the Romanian authorities that they have an obligation to ensure that Dr Ionescu, who has only been suspended but not dismissed from the Romanian Foreign Ministry, refrains from making outrageous and inappropriate statements and that it is in their own interest that they do so.

The Romanian Foreign Ministry has told us that Dr Ionescu, as a Romanian citizen, has the right to say what he pleases and that they cannot stop him. We have to respect this position. And the Romanian government has quite properly disassociated itself from his comments.

Dr Ionescu is not hurting Singapore. If you follow what Romanian netizens are saying, it is clear that even his own compatriots do not believe him. He is only hurting himself and embarrassing his own government and all Romanians.

In his latest comments, Dr Ionescu has now dragged in Moldova, a neighbour of Romania, in a less than flattering way . In some of his previous comments, he has even mentioned the EU."

Asked about Dr Ionescu's comment that he would be hanged if he returned to Singapore, the MFA Spokesman said: "This is a complete red herring. None of the charges against Dr Ionescu is a capital offence."

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MINISTRY OF FOREIGN AFFAIRS
SINGAPORE
15 APRIL 2010