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Fresh FM Nigeria| Keeping you fresh all day > Blog > Featured > Boris Becker claims diplomatic immunity in bankruptcy case
Featured

Boris Becker claims diplomatic immunity in bankruptcy case

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Last updated: June 15, 2018 2:05 PM
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Former tennis champion Boris Becker is claiming diplomatic immunity against an attempt to sue him.

The three-time Wimbledon winner claims his appointment as a diplomat by the Central African Republic (CAR) affords him protection from any legal claims.

Mr Becker was declared bankrupt in 2017 over money owed to private bank Arbuthnot Latham. He is now being pursued for “further assets”.

The conflict-ridden CAR is one of the world’s poorest countries.

It made Mr Becker a sport and culture attache to the EU in April 2018.

Twitter post by @TheBorisBecker

Diplomatic honours for me ! I have been appointed by the Central African Republic ?? as its Attache’ for Sports/Humanitarian/Cultural Affairs in the European Union ??
— Boris Becker (@TheBorisBecker) April 27, 2018

Mr Becker’s defence has been lodged in the High Court.

His legal team said: “This means he cannot be subject to legal process in the courts of any country for so long as he remains a recognised diplomatic agent.”

The former tennis champion said the proceedings were “unjustified and unjust” and being declared bankrupt “inflicted a whole heap of damage on me”.

He said he was asserting diplomatic immunity to “bring this farce to an end” and stop “the gravy train for the suits”.

He added: “I am immensely proud of my appointment [by] the Central African Republic…sport is incredibly important in Africa and is fast becoming a universal language.”

Rich in diamonds, gold, oil and uranium, but has one of the world’s poorest populations
Unstable since independence from France in 1960; renewed crisis since rebels seized power in 2013
27% of the population, 1.2m people, have fled their homes; 2m need food aid, 45% of the population
Government only controls the capital; 14,000 UN peacekeepers in the country.

Life expectancy is 48 (men) and 51 (women).

Mr Becker was declared bankrupt after Arbuthnot Latham claimed he owed them a large sum for more than two years.

At the time, he said: “This order relates to one disputed loan which I was due to repay in full in one month’s time.”

Becker wins first Wimbledon aged 17

But the registrar said Mr Becker gave the impression of “a man with his head in the sand”.

He has appointed Ben Emmerson QC, who has previously represented Julian Assange and Marina Litvinenko, the widow of Alexander Litvinenko.

Under the 1961 Vienna Convention diplomats are – in theory – immune from prosecution in their host country.

The immunity is not just about criminal prosecution but also civil proceedings.

According to the convention: “A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction.”

The convention also says that those entitled to immunity are expected to obey the law.

The Crown Prosecution Service says immunity in the UK is granted to people “who have been notified to, and accepted by, the Foreign and Commonwealth Office (FCO) as performing a diplomatic function”.

In the UK immunity also extends to family members of diplomats (as long as they’re not UK nationals).

According to the Foreign Office, around 22,500 people are currently entitled to diplomatic immunity in the UK.

This includes foreign embassy staff, their families as well as international organisations such as the UN.

In general, if a diplomat is suspected of committing a criminal offence in the UK, the FCO says it will ask the relevant foreign government to “waive diplomatic immunity where appropriate”.

Mr Becker became the first German to win Wimbledon when he did so at the age of 17 in 1985.

He won it again in 1986 and 1989 among the 64 ATP Tour titles he claimed during a 15-year career.

After his retirement he became a pundit for the BBC.

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