RELATED DOCTRINE: A foreign agent is immune from suit.
SUMMARY: An Iranian national charged with a Dangerous Drugs Act violation asserts he is entitled to diplomatic immunity.
FACTS: Minucher is an Iranian national who was charged with violation of the Dangerous Drugs Act after a buy-bust operation. Minucher was later acquitted and then filed for damages on the ground of false accusations made by Arthur Scalzo, one of the principal witnesses. Scalzo filed a motion to dismiss on the ground that he was entitled to diplomatic immunity, being a special agent of the United States Drug Enforcement Administration.
ISSUE: Whether or not Scalzo is entitled to the defense of diplomatic immunity.
DECISION: YES, he is entitled to diplomatic immunity. A foreign agent operating within a territory can be cloaked with immunity from suit but only as long as it can be established that he is acting within the directives of the sending state. In this case, as an agent of the United States Drug Enforcement Agency, he is allowed by the Philippine government to conduct activities in the country to help contain the drug trafficking problem. Scalzo’s job description has tasked him to conduct surveillance on suspected drug suppliers and, after having ascertained the target, to inform local law enforcers who would then be expected to make the arrest. He has acted within his official function or duties; thus, he is entitled to diplomatic immunity.
Read the full case here.
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