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India demands that US drop case against diplomat

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NEW DELHI (AP) — India's foreign minister demanded Thursday that the United States drop the case against a diplomat who was arrested and strip-searched in New York City, saying she was the victim of a blackmail attempt by her housekeeper.


The case has sparked a diplomatic furor between the United States and India, which is incensed over what its officials describe as degrading treatment of Devyani Khobragade, India's deputy consul general in New York.

The U.S. Marshals Service confirmed it strip-searched Khobragade after her arrest, but denied her claim that she underwent a cavity search.

Khobragade, 39, is accused of submitting false documents to obtain a work visa for her Manhattan housekeeper, an Indian national. According to prosecutors, Khobragade claimed she paid the woman $4,500 a month, but actually paid her around $3 per hour.

The case has sparked widespread outrage in India, where the idea of an educated, middle-class woman facing a strip-search is almost unheard of, except in the most extraordinary crimes. U.S. Secretary of State John Kerry has expressed regret over the incident, even as the U.S. attorney in New York said she was treated well and questioned why there was more sympathy for the diplomat than the housekeeper.

On Thursday, Indian Foreign Minister Salman Khurshid took issue with the entire premise of the case and accused the housekeeper of blackmail. He told reporters that the housekeeper had threatened over the summer to go to the police unless Khobragade arranged a new passport for her, along with a work visa and a large sum of money.

"We need to remember the simple fact that there is only one victim in this case," Khurshid said. "That victim is Devyani Khobragade — a serving Indian diplomat on mission in the United States."

Khurshid did not say how much money the housekeeper allegedly demanded. But two top Indian officials said she asked for $10,000 in the presence of an immigration lawyer and two other witnesses. Both officials have close knowledge of the case, but spoke on condition that their names not be published because of the sensitivity of the case.

Khurshid also said the U.S. attorney had ignored the fact that a legal case was already under way in India in the dispute between the housekeeper and the diplomat. Khobragade notified authorities in New York and Delhi over the summer that she was being blackmailed, and the Delhi police launched a case against the woman, Indian officials said.

"When the legal process in another friendly and democratic country is interfered with in this manner, it not only amounts to interference, but also raises the serious concern of calling into question the very legal system of that country," said Syed Akbaruddin, a spokesman for the External Affairs Ministry.

Khobragade's case has chilled U.S.-Indian relations, and India has revoked privileges for U.S. diplomats in protest. Kerry called India's national security adviser on Wednesday to express his regret over what happened.

Khurshid said he would speak to Kerry later Thursday.

"This is an extremely distressing and hurtful incident that needs to be addressed," he said. "We hope our concerns will be addressed. And if the U.S. has any concerns that we need to address, we will examine them."

Khurshid also said that India did not want to sour relations with the United States over the issue, but would insist on the return of its diplomat and the dropping of charges against her. "We are keen that no damage of an irreversible nature should happen to our relationship," he said.

Khobragade could face a maximum sentence of 10 years for visa fraud and five years for making a false declaration if convicted. She has said she has full diplomatic immunity. The Department of State disputes that, saying her immunity is limited to acts performed in the exercise of consular functions. Her work status Thursday was unclear.

Indian consulate spokesman Venkatasamy Perumal said Khobragade was transferred this week to India's U.N. mission, but he declined to comment further, and requests for comment to the U.N. mission's first secretary were not immediately returned.

India retaliated against U.S. diplomats with measures that included revoking diplomat ID cards that brought certain privileges, demanding to know the salaries paid to Indian staff in U.S. Embassy households, and withdrawing import licenses that allowed the commissary at the U.S. Embassy to import alcohol and food.

The U.S. Marshals Service confirmed it had strip-searched Khobragade and placed her in a cell with other female defendants last Thursday, saying the measures are "standard arrestee intake procedures." But Marshals spokeswoman Nikki Credic-Barrett on Thursday denied Khobragade's claim that she underwent a cavity search.

On Wednesday, U.S. Attorney Preet Bharara said Khobragade was treated very well, even given coffee and offered food while detained.

"One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country," Bharara said, making the highly unusual move of issuing a lengthy statement addressing issues not in a criminal complaint.

The Khobragade case touches a nerve in part because there have been a series of controversies involving Indians exploiting domestic workers, and the salaries paid to housekeepers and other workers in India are far lower than those paid in the United States.

Having a live-in maid or part-time domestic help is common in Indian households, even among the lower and middle classes. A salary of $3 an hour, or around $24 for an eight-hour day, is more than what a well-paid maid would earn in New Delhi or Mumbai.

Typical salaries for full-time, live-in maids range from $100 to $150 per month, with most families also offering lodging, food, clothes and medical assistance.
 
On Thursday, Indian Foreign Minister Salman Khurshid took issue with the entire premise of the case and accused the housekeeper of blackmail. He told reporters that the housekeeper had threatened over the summer to go to the police unless Khobragade arranged a new passport for her, along with a work visa and a large sum of money.

"We need to remember the simple fact that there is only one victim in this case," Khurshid said. "That victim is Devyani Khobragade — a serving Indian diplomat on mission in the United States."

Khurshid did not say how much money the housekeeper allegedly demanded. But two top Indian officials said she asked for $10,000 in the presence of an immigration lawyer and two other witnesses. Both officials have close knowledge of the case, but spoke on condition that their names not be published because of the sensitivity of the case.

Khurshid also said the U.S. attorney had ignored the fact that a legal case was already under way in India in the dispute between the housekeeper and the diplomat. Khobragade notified authorities in New York and Delhi over the summer that she was being blackmailed, and the Delhi police launched a case against the woman, Indian officials said.

"When the legal process in another friendly and democratic country is interfered with in this manner, it not only amounts to interference, but also raises the serious concern of calling into question the very legal system of that country," said Syed Akbaruddin, a spokesman for the External Affairs Ministry.

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Revealed: Indian diplomat at center of furor after arrest for paying maid 'slave wage' called New York cops five months ago to claim she was being extorted by her for U.S. visa

  • Devyani Khobragade, India's deputy consul general in New York, was arrested as she dropped her daughter off at school last week
  • Subjected to 'cavity search' and held with sex workers and drug addicts
  • Housekeeper, Sangeeta Richard, claims she was paid less than $3.31 an hour and forced to work well over 40 hours a week
  • The diplomat accused Richard of blackmail and extortion in July
  • Now claims former staff member 'cheated and lied' in a bid to gain illegal entry to the States
By LAURA COLLINS and SAURABH SHUKIA, IN NEW DELHI
PUBLISHED: 20:55 EST, 18 December 2013 | UPDATED: 02:36 EST, 19 December 2013

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The female Indian diplomat arrested, strip-searched and charged with visa fraud filed a complaint to New York police five months ago, claiming that the housekeeper she now stands accused of keeping ‘a virtual slave’ was attempting to blackmail her, it was revealed today.


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Devyani Khobragade, India's deputy consul general in New York, was allegedly strip searched by the NYPD

The report filed on July 5 alleged ‘aggravated harassment’ after Devyani Khobragade, 39, said she had received a phone call from a woman claiming to be maid Sangeeta Richard’s attorney, according to reports in India.

The woman allegedly had three demands of the Deputy Consul General: sign paperwork terminating Richard’s employment, change her visa status from government to normal and compensate her for 19 hours work per day.

According to Dr Khobragade, Richard disappeared from her job two weeks earlier, on 24 June, following a tiff between employer and employee. Richard wanted to take another part-time job but Dr Khobragade denied her request on the grounds that she would be in breach of her visa if she did so.

Dr Khobragade’s arrest at the gates of her daughter’s Upper East Side school last Thursday has sparked an international furor. She stands accused of submitting false documents to obtain a work visa for her Manhattan housekeeper with prosecutors claiming the made received just $3.31 an hour – well under the minimum wage.


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Devyani Khobragade, pictured on December 8 during a fundraiser at Stony Brook University in Long Island, was arrested outside her daughter's school several days later

Politicians unite in fury against US as PM brands strip-search of Indian diplomat 'despicable' and Khurshid vows to 'restore her dignity'


But what has marked the beginning of a diplomatic incident that has exploded across continents is just the latest stage of a domestic dispute and clash of cultures which has escalated beyond all proportion.

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Khobragade is a prominent diplomat who has been posted in Pakistan, Italy and Germany before being given an assignment in Manhattan

Sangeeta Richard arrived in the United States with Dr Khobragade in November 2012. MailOnline's sister paper in India, Mail Today has detailed how she had been offered a job as housekeeper, maid and childminder after her husband, Philip, a driver with the Embassy of Mozambique in New Delhi, approached Dr Khobragade on his wife’s behalf.

DIPLOMAT HASTILY MOVED TO INDIAN PERMANENT MISSION IN NEW YORK FOR 'FULL IMMUNITY'
India is attempting to ensure Devyani Khobragade has full diplomatic immunity from prosecution by transferring her to their Permanent Mission.

The move effectively affords her complete immunity from further legal action because the Mission is technically Indian soil and the U.S. have no authority on it.

As Deputy Consul General, Ms Khobragade enjoyed ‘consular immunity’ which is limited and related to her official duties. Under the 1963 Vienna Convention on Consular Relations, consular officials can still be arrested for acts committed outside on official job functions.

Her transfer to India’s Permanent Mission to the UN in New York – effective immediate – was intended to keep her ‘safe’ while her government seeks to bring her back to India.

If she were to be convicted of the crime she is accused of, Khobragade would face a maximum sentence of 10 years for visa fraud and five years for making a false declaration.

Diplomatic immunity is a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, although they can still be extradited.

It was developed to allow for the maintenance of government relations, including during periods of difficulties and even armed conflict.


He claimed that they needed the money to educate their children. Dr Khobragade, herself a mother of two with a special interest in education and women’s affairs welcomed Richard into her employ.

They flew courtesy of the Ministery of External affairs and Sangeeta was issued a visa under her status of India Based Domestic Assistant (IBDA) - a status which did not allow her to work outside.

Barely four months later she began asking to do just that, according to Dr Khobragade in a complaint filed in the Mehrauli police station on 2 July 2013.

Richard was bored with her limited life and the relationship between Khobragade and her maid seems quickly to have soured amid tit for tat legal complaints in both India and the States.

Dr Khobragade first tried to involve US authorities when Richard went missing on 24 June. To the diplomat it seems that this was a case of a servant absconding – local reports have described Richard in those terms - as much as an Indian national potentially using her employment in the States as a gateway to immigration.

Unable to file a missing person’s report as she was not a family member she wrote to the precinct and was interviewed by police in front of the Permanent Mission of India, the reports say.

The phone call purporting to be from Richard’s attorney and making demands under the threat of taking legal action against Dr Khobragade came a few days later on 1 July.

Dr Kobragade filed her report with Mehrauli police station the very next day. She claimed that her maid’s life in New York was comfortable and that she was ‘at liberty to use and was in fact using the residential phone of the plaintiff to talk to her family in Delhi regularly.’

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Demonstrators in Bhopal, India burn pictures of President Obama as they protest the arrest of Devyani Khobragade




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Activists burn posters of President Obama and U.S. flags during a demonstration to protest against the alleged mistreatment of New York-based Indian diplomat Devyani Khobragade in Bhopal, India



When her husband refused to co-operate with Minstery of External Affairs staff attempting to find his wife, a First Information Report (the police report necessary to start proceedings in India) was filed against both, accusing them of attempting to cheat their way into America by illegal means.


On July 8, Richard agreed to meet Dr Khobragade. The former housekeeper asked for $10,000, an ordinary visa and immigration relief to be permitted to stay in the US, according to the reports in India. Instead she had her passport revoked.

Richard and her family have now been granted non-immigrant T Visas, created by Congress more than a decade ago to help law enforcement officers investigate and prosecute human trafficking.

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Demonstrators shout slogans near the U.S. Embassy in New Dehli (left) and Hyderabad (right) on Wednesday as the diplomatic row continued

Indian diplomat Devyani Khobragade in 'slave wage' furor claimed maid was blackmailing her | Mail Online
Follow us: @MailOnline on Twitter | DailyMail on Facebook
 
@Solomon2

Get it through your thick head , she was given free food , shelter , mobile ,sim ,ipad ,entertainment , medical and dental insurance , and other facilities provided for Embassy officials.... plus the maid is responsible for the Visa fraud and not the diplomat ... Having a melodramatic line in bold is not going to change anything


@flamer84

Your cavity search and strip search would be considered molestation and Rape in India . This is a procedure used by an uncivilized country ...


Its astounding how much you people just blatantly ignore stuff which has been told a million times
 
@Solomon2

Get it through your thick head , she was given free food , shelter , mobile ,sim ,ipad ,entertainment , medical and dental insurance , and other facilities provided for Embassy officials.... plus the maid is responsible for the Visa fraud and not the diplomat ... Having a melodramatic line in bold is not going to change anything


@flamer84

Your cavity search and strip search would be considered molestation and Rape in India . This is a procedure used by an uncivilized country ...


Its astounding how much you people just blatantly ignore stuff which has been told a million times

Not disputing your point,just that i had higher expectations and expected this kind of behaviour in.............other parts of the world,if you catch my drift.
 
There's a lot of illuminating info here. Richard was employed as a domestic but her visa was for government work. That's fraud. Richard attempted to get a second part-time job. Khobarade properly noted that this was a violation of her visa. That's true. Khobarade selectively ignored the fact that Richard's employment as her domestic while an A-2 visa was for government work only was itself a violation.

It's only illegal blackmail if the demands made by the domestic are unwarranted. By the Consular Convention the DC was obligated to follow U.S. law in employing her domestic, not Indian law. The DC refused even the attempt to reach an out-of-court settlement through legal counsel; engagement in such a negotiation might have wiped out the violation. That her superiors encouraged this course of action appears to have been their mistake. Attempts were made to pressure the domestic's family at home - once State found out, these would likely trigger the protection clauses the State Dept. lists in the pamphlet Khobarade was supposed to provide to Indian students and A-3 workers.
 
The Indians better learn how the jurisdiction work in the US, unlike India.

The Federal government has no say to the state's affairs, unless it has to do with the federal law.

In this case the maid was under paid, it was a NY state offence. Not federal.

The White House cannot really ask the NY AG to drop the case. The WH have no such authority.

If the Indian Foreign Affairs were smart and were to handle this matter differently, the NY AG may be able to hush hush. Not any more. The NY AG is riding on the tiger's back, it will not back down.

The woman was processed according to the intake procedures of law offenders. She wasn't treated any differently.

To the Indians, she is a diplomat. To the NYPD, she is a crime suspect.

Even if this woman escaped prosecution and goes back to India, she will forever be a fugitive and could never go back to the US. (until of course the NY AG drop the charges).
 
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There's a lot of illuminating info here. Richard was employed as a domestic but her visa was for government work. That's fraud. Richard attempted to get a second part-time job. Khobarade properly noted that this was a violation of her visa. That's true. Khobarade selectively ignored the fact that Richard's employment as her domestic while an A-2 visa was for government work only was itself a violation.

It's only illegal blackmail if the demands made by the domestic are unwarranted. By the Consular Convention the DC was obligated to follow U.S. law in employing her domestic, not Indian law. The DC refused even the attempt to reach an out-of-court settlement through legal counsel; engagement in such a negotiation might have wiped out the violation. That her superiors encouraged this course of action appears to have been their mistake. Attempts were made to pressure the domestic's family at home - once State found out, these would likely trigger the protection clauses the State Dept. lists in the pamphlet Khobarade was supposed to provide to Indian students and A-3 workers.

What's a A3 visa?

B-1, A-3, G-5 visas are for domestic employees who are accompanying an employer who is visiting or on temporary assignment in the United States. A domestic employee is generally a member of the household staff, such as a cook, butler, chauffeur, housemaid nanny or gardener or other paid personal employee, such as a nurse or home health aide.
B-1, A-3, G-5 Visas | Embassy of the United States
 
To the Indians, she is a diplomat. To the NYPD, she is a crime suspect.
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"Wolf":
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She belongs to a privileged class (in both India and Pakistan) I've always been excluded from when I lived there. These are members of a class who can't be touched by law in their own countries. These types mercilessly abuse their domestic servants back home, go through red lights, and flout the law in numerous other ways. They expect similar treatment in the First World for their transgressions, then become tearful when subjected to cavity searches. Serves her right. These scum are at the same time compradors -- enablers of white imperialism and neo-colonialism in the Third World, spouting horsesh!t about women's rights and other such garbage. Hypocrites, liars, cheats, scumbags. I've absolutely no sympathy for her. At the same time, had this been a German or Chinese, the treatment would have been different, deferential, a slap on the wrist at most. The West doesn't have much respect for its brown-skinned compradors, and treats these compradors the same way these compardors treat their domestic servants in India (and Pakistan). link
 
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"Wolf":
http://www.******************/customavatars/avatar2235_1.gif
She belongs to a privileged class (in both India and Pakistan) I've always been excluded from when I lived there. These are members of a class who can't be touched by law in their own countries. These types mercilessly abuse their domestic servants back home, go through red lights, and flout the law in numerous other ways. They expect similar treatment in the First World for their transgressions, then become tearful when subjected to cavity searches. Serves her right. These scum are at the same time compradors -- enablers of white imperialism and neo-colonialism in the Third World, spouting horsesh!t about women's rights and other such garbage. Hypocrites, liars, cheats, scumbags. I've absolutely no sympathy for her. At the same time, had this been a German or Chinese, the treatment would have been different, deferential, a slap on the wrist at most. The West doesn't have much respect for its brown-skinned compradors, and treats these compradors the same way these compardors treat their domestic servants in India (and Pakistan). link

there is a small difference between indian and Pakistani privileged class, Pakistani privileged class is only arrogant in their own country and very subservient to white masters, while indians due to their new found status in the world are showing the arrogance in the western countries and hence they are being taught a lesson
 
There is a massive double standard regarding diplomatic immunity from the US govt. This is what President Obama said during the Raymond Davis episode, who btw wasn't even a declared staff of the US embassy. I have been on this forum long enough to remember how people like @Solomon2 advocated it then. I can dig up old posts from that time. Double standard much?

"We've got a very simple principle here that every country in the world that is party to the Vienna Convention on diplomatic relations has upheld in the past and should uphold in the future, and that is, if our diplomats are in another country, then they are not subject to that country's local prosecution," Obama said in a press conference today. "We expect Pakistan, that's a signatory and recognizes Mr. Davis as a diplomat, to abide by the same convention..."

A couple of posts by @Solomon2 from that time

Davis need not be a "diplomatic agent" with full immunity. He only needs immunity from Pakistani criminal prosecution, and that he has as admin. staff under Article 37.

Raymond Davis Case: Does not have full diplomatic immunity: UK Experts - The Guardian | Page 2

No. Diplomatic immunity is attached to the person, not his function. Nobody will deny that Davis has diplomatic immunity, therefore under the 1961 Convention he can't be legally held by the police or imprisoned.

Raymond Davis Case: Developing Story | Page 104
 
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what did the indians say during the Raymond Davis episode , i think you should post that also
 
There is a massive double standard regarding diplomatic immunity from the US govt. This is what President Obama said during the Raymond Davis episode, who btw wasn't even a declared stuff of the US embassy. I have been on this forum long enough to remember how people like @Solomon2 advocated it then. I can dig up old posts from that time. Double standard much?



A couple of posts by @Solomon2 from that time


you are the man bro.

US is a country with no ethical values. It changes colors faster then anyone in this world.

US and Obama and Solomon should be ashamed of such blatant double standards.
 
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