Former India diplomats say Canada violated conventions by surveilling Indian officials

Nov 03, 2024

New Delhi [India], November 3 : In strong disapproval, former Indian diplomats have termed Canadian authorities' surveillance of Indian diplomats posted there as atrocious, adding that they violated international law such as the Vienna Convention.
JK Tripathi, a former diplomat, told ANI, that, "No country has the power to do it...but the Canadian government has done it and this is the rarest of rare cases of violation of international law according to the Vienna Convention. They have even gone up to the extent of accusing the Union Home Minister of being the mastermind behind that and now they have put India among the list of 4 countries who are cyber threats to Canada...."
The Vienna Convention on Diplomatic Relations (1961) is established to define fundamental principles and terms governing how countries must treat each other's diplomatic representatives.
A key principle of the Convention is diplomatic immunity. It grants diplomats exemption from certain laws and taxes in the host country where they are posted. It ensures that diplomats can fulfill their duties without fear, threat, or intimidation.
"...so in a way, India has been declared as an enemy state by Canada, which is very disturbing and serious," said Tripathi.
Virendra Gupta, another former diplomat, said this action of Canada merited an extremely strong reaction from the Indian government.
"Merely criticising Canada is not enough...Canada has crossed all the limits of decency and normal diplomatic behaviour...," Gupta told ANI.
According to Article 29 of the Convention, diplomats are not subject to arrest or detention. The host country must accord the diplomatic agent the appropriate level of respect and is responsible for undertaking all necessary measures to prevent any form of harm or violation to the diplomat's person, liberty, or dignity.
The Ministry of External Affairs (MEA) announced on Saturday that India has lodged a formal protest with the Canadian government after revelations that its consular officials in Canada were subjected to audio and video surveillance. The MEA condemned these actions as "flagrant violations" of diplomatic and consular conventions.
During a press briefing, MEA Spokesperson Randhir Jaiswal stated that some Indian consular officials were recently informed by the Canadian government about the ongoing surveillance. Jaiswal criticized Canada for attempting to justify its actions by citing technicalities, arguing that such justifications cannot excuse what he described as harassment and intimidation of Indian diplomatic personnel.
Also, the Ministry of External Affairs (MEA) strongly protested against recent allegations made by the Canadian government against Union Home Minister Amit Shah's purported involvement in the killing of Khalistani terrorist Hardeep Singh Nijjar. The MEA described these allegations as "absurd and baseless" and lodged a formal protest against Canada.
MEA Spokesperson Randhir Jaiswal stated that a "diplomatic note" was handed to a representative of the Canadian High Commission on Friday, conveying India's strong objections.
Tensions between India and Canada escalated after Prime Minister Justin Trudeau alleged in Parliament last year that there were "credible allegations" of India's involvement in the killing of Khalistani terrorist Hardeep Singh Nijjar.
India has firmly denied all such allegations, labelling them as "absurd" and "motivated," while accusing Canada of providing a haven for extremist and anti-India elements.