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Devyani Khobragade gets full diplomatic immunity after transfer

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Devyani Khobragade gets full diplomatic immunity after transfer; she was arrested and strip-searched in the US | NDTV.com

Indian diplomat Devyani Khobragade, who was arrested, strip searched and put in a cell with criminals in the US, has been transferred to the permanent mission in New York, which entitles her to full diplomatic immunity. This comes just after Prime Minister Manmohan Singh called her treatment by the US "deplorable" and the government vowed to do all it could to bring her back.

  1. In a strong statement, Foreign Minister Salman Khurshid vowed to "bring back the woman diplomat arrested in New York and restore her dignity. It is my responsibility."
  2. The US has not apologised but says it is reviewing the circumstances surrounding Devyani Khobragde's arrest last week in New York, for alleged visa fraud. Sources say India wants Ms Khobragade's case to be moved from criminal to civil as it feels the alleged visa fraud makes for a civil breach of contract, not a human trafficking charge.

  3. US State department spokesperson Marie Harf said, "We understand this is a sensitive issue for India. An isolated episode not indicative of respectful ties the two countries share. We will be looking into the arrest to ensure all procedures were followed and every opportunity for courtesy was extended.' (Read)

  4. The 39-year-old Deputy Consul General at the Indian Consulate in New York was handcuffed on the street when she was dropping her daughter off to school last Thursday. After her arrest, she was allegedly treated like a hardened criminal.

  5. After revelations that Ms Khobragade was strip-searched, swabbed for DNA, even checked for cavities and placed in a cell with drug addicts - though other cells were available - an outraged India pared down the privileges of American diplomats and removed police barricades from outside their embassy in Delhi.(Read)

  6. A US Congress delegation was snubbed by the government and senior leaders like Rahul Gandhi and Narendra Modi who refused to meet them. (Read)

  7. Taken aback by India's retaliation, which was front-paged in the American mainstream media, the State Department said, "the US has told India that in no circumstance it can violate the safety of US diplomats with respect to the Vienna Convention."

  8. As an offshoot of the diplomatic row, an embarrassing blame-game has started in the US. The US state department spokesperson said, "The State Department wasn't the only entity involved here, so I would point focus to the US Marshals who obviously play a role in this as well." The US Marshals say the state department arrested the Indian diplomat and they only followed procedure afterwards. (Diplomat's 'strip search' part of standard procedures: US marshals)

  9. Devyani Khobragade's lawyer told NDTV, "There was an embarrassing failure of US international protocol and error of judgement." (Read)

  10. The US has accused Ms Khobragade of lying on the visa application for an Indian national who worked at her home, paying her less than minimum wages and forcing her to work for more than 40 hours a week.
 
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Devyani Khobragade transferred to India's permanent mission at UN

NEW DELHI: Indian diplomat Devyani Khobragade, who was arrested in the US, has been transferred to the permanent mission at United Nations, which entitles her to full diplomatic immunity.

Earlier, the Prime Minister's remarks on the issue came soon after the government asserted in Parliament that India will take strong steps to ensure the return of the 39-year-old diplomat, who was arrested, and restoration of her dignity.

In Parliament, external affairs minister Salman Khurshid condemned the US action and said he will not return to the House if he fails in his responsibility to bring back Khobragade.

He said there was a "conspiracy" in which the 1999-batch IFS officer was "virtually trapped" and maintained that the diplomat is "innocent" and the US action was unwarranted. "It is not illegality that she is accused of, but the illegality she refused to oblige," he said.

Khobragade was taken into custody on a street in New York as she was dropping her daughter to school. She was released on a USD 250,000 bond after pleading not guilty in court.
Devyani Khobragade transferred to India's permanent mission at UN - The Times of India


USA should allow the Indian Diplomat safe return to India and has to issue an unconditional apology for their barbarism.
 
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Breaking News

Maids whole family migrated to usa on dec 10 , Indian Government says conspiracy was hatched to frame her .

What? It was only reported yesterday that her husband was arrested yesterday! Man... too much confusion.
 
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Transfering her is an admission that she did NOT have immunity. If she did, why transfer her?

Immunity is not black and white, there are degrees. Even a partial diplomatic immunity should have made her immune to public handcuffing and cavity searches. It is clearly stated in the vienna conventions, that diplomats AND consuls shall be treated with due respect in such cases, and also that in case an arrest of a consul is necessary, her superior (the consular general of India for that consulate) should have been informed. None of that protocol was followed.

This move is simply to avoid future quibbles about full or partial immunity, and to ensure a quick passage home for her. Protecting her dignity and freedom is the first prioroty for India at this moment; issues of past conduct of the US marshals and state dept in not honoring diplomatic conventions can and will come later.
 
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In this story on the BBC, they tell you the difference between full and consular immunity. I do not dispute it was poorly handled though.
 
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Transfering her is an admission that she did NOT have immunity. If she did, why transfer her?

HELL NO. Its been done to thumb our noses at American Official Asininity. To show em' "The Finger".
If you wanna play too smart; then two can play at that game
.............geddit.
 
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WE are following your steps. When USA can make a murderer as embassy employee after he committed the crime.
And he did not have immunity. So you agree with me that she didn't either...and all the noise that she did was utter BS
 
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And he did not have immunity. So you agree with me that she didn't either...and all the noise that she did was utter BS

AS deputy consulate general she has privileges not to be arrested, hand cuffed and put in jail till proved guilty for civil crime yet to be proved.
 
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And he did not have immunity. So you agree with me that she didn't either...and all the noise that she did was utter BS

Again - she did have partial immunity, and she held a diplomatic passport, which meant that she had to be treated with respect if there was a need to arrest her. India is now working to give her full immunity so she cannot be prosecuted at all, and will be brought home.

Regardless of whether she had full immunity or not, the state dept and the US marshals should have honored the partial immunity she had, and first informed the consular general, and handled the arrest more sensitively, and not arrested her in public or strip searrched her or put her in a cell with hardened criminals. You may not understand how offensive that is to the Indian psyche, not to mention a blatant violation of the vienna conventions in treating diplomats. Not even India and pakistan would do something like this to each others diplomats. Between friendly nations this is unthinkable.
 
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AS deputy consulate general she has privileges not to be arrested, hand cuffed and put in jail till proved guilty for civil crime yet to be proved.
Uhm....no. Perhaps a re-read of consular immunity from 1963 will dispel illusions. Still....could have been handled better. I personally think she got the wrong person mad.
 
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