US disregards diplomatic protocol, humiliates India's deputy consul general

[Johnny Canuck3]

It is if she has diplomatic immunity. The US government says she only has that in relation to her work, the Indian government says otherwise.

One would assume that the Indian government would see house staff of diplomats shipped around the world to be part and parcel of the job of a diplomat, so even by the US's assertions, immunity would apply.

The Vienna Convention that governs conduct of diplomats and the immunities they enjoy when serving in foreign countries does not offer blanket protection for violation of local laws.

What is more, officials engaged in consular duties (that is those duties relating to grant of visas, etc) enjoy a lower degree of immunity than embassy staff. In other words, merely having a diplomatic passport is not enough grounds to seek diplomatic immunity.

The Vienna Convention on Diplomatic Relations of 1961, and Vienna Convention on Consular Relations of 1963 are the two rules that govern diplomatic immunity. These were framed after World War II to formalize the customary rules and make their application more uniform.

The US State Department guide to diplomatic immunity, issued to US law enforcement staff, says even at its highest level, diplomatic immunity does not exempt diplomatic officers from the obligation of conforming with national and local laws and regulations. “Diplomatic immunity is not intended to serve as a license for persons to flout the law and purposely avoid liability for their actions. The purpose of these privileges and immunities is not to benefit individuals but to ensure the efficient and effective performance of their official missions on behalf of their governments”, a State Department handbook issued to law enforcement officials says.

http://www.business-standard.com/ar...enjoy-diplomatic-immunity-113121400484_1.html

It also seems unlikely that if the Indian claim to diplomatic immunity as matters stood was a strong one, they wouldn't have seen the need to transfer the diplomat to the UN, in order to beef up said immunity.

 

[Johnny Canuck3]

It appears the Indian govt isn't above disregarding diplomatic protocol when the occasion suits:

The Supreme Court’s order restraining the Italian Ambassador from leaving India and the possibility of contempt proceedings against him are without any basis in law. Undoubtedly the Republic of Italy did file a writ petition through the Ambassador and he did submit an affidavit stating that the marines would return to India. However, those facts along with Italy’s Note Verbale that the marines will not be returning do not provide sufficient legal grounds for action against the Italian Ambassador. The order restraining the Ambassador and the potential contempt of court proceedings are a serious breach of India’s obligations to provide diplomatic immunity under the Vienna Convention on Diplomatic Relations, 1961.

http://www.thehindu.com/opinion/lead/diplomatic-immunity-in-peril/article4526523.ece

 

[Bahnhof Strasse]

http://www.business-standard.com/ar...enjoy-diplomatic-immunity-113121400484_1.html

It also seems unlikely that if the Indian claim to diplomatic immunity as matters stood was a strong one, they wouldn't have seen the need to transfer the diplomat to the UN, in order to beef up said immunity.

Their claim is that she did, she wasn't a visa officer stamping, she was the Deputy Consul General.

The move to the UN is to reinforce in the numbskulls that although she may be brown skinned and a woman, she is a high ranking member of the Indian Diplomatic Corps.

 

[Spymaster]

It appears the Indian govt isn't above disregarding diplomatic protocol when the occasion suits:



http://www.thehindu.com/opinion/lead/diplomatic-immunity-in-peril/article4526523.ece

A bit different to strip-searching the Deputy Consular General.

 

[Johnny Canuck3]

A bit different to strip-searching the Deputy Consular General.

There might be question about the diplomatic immunity of someone working at the consular level [the Indian diplomat], and an ambassador, who does in fact enjoy full diplomatic immunity.

 

[Johnny Canuck3]

Their claim is that she did, she wasn't a visa officer stamping, she was the Deputy Consul General.
.

There are five Indian Consulates in the US, two in Canada. They are locations where staff of the foreign govt provides assistance to its nationals, and works to further the commercial interests of its own country, in the foreign country.

The individual who heads one of these local consulates, is the Consul General.

A Consul General is not an ambassador, and a consulate is not an embassy.

She was the deputy to one of these consuls.

 

[Spymaster]

There might be question about the diplomatic immunity of someone working at the consular level [the Indian diplomat], and an ambassador, who does in fact enjoy full diplomatic immunity.

Immunity issues aside; detaining the Deputy Consular General for 48hrs and strip-searching her is diplomatically fucking moronic.

 

[Johnny Canuck3]

Doing a bit of research, it looks like UK has 12 consulates in the US.

 

[Johnny Canuck3]

Immunity issues aside; detaining the Deputy Consular General for 48hrs and strip-searching her is diplomatically fucking moronic.

Immunity issues aside, why should she be above the law when it comes to visa fraud and in essence, the practice of indentured servitude?

 

[Bahnhof Strasse]

There are five Indian Consulates in the US, two in Canada. They are locations where staff of the foreign govt provides assistance to its nationals, and works to further the commercial interests of its own country, in the foreign country.

The individual who heads one of these local consulates, is the Consul General.

A Consul General is not an ambassador, and a consulate is not an embassy.

She was the deputy to one of these consuls.

Yes, we're mostly quite aware of what the Consul and the Consul's deputies do. And as such they should be afforded a far higher lever of respect. Put the boot on the other foot for one moment and see the reaction.

And this coming on top of the Ambassador being frisked in the US and it starts to look a bit like more than an accident.

 

[Johnny Canuck3]

. And as such they should be afforded a far higher lever of respect. .

Shouldn't they in return respect the laws of the country that they're in?

 

[Johnny Canuck3]

I wonder what public opinion on diplomatic immunity would be if a diplomat were charged with a sexual offence, ie rape, or sex with a minor.

 

[Johnny Canuck3]

Wouldn't you know? It has happened before - once in India.

Pascal Mazurier, a French diplomat, was held by the police here on Thursday evening on charges of raping his three-and-half-year-old daughter. A deputy head of chancery in the Consulate of France here, the 39-year-old diplomat was let off on Friday under circumstances that are yet to be officially explained by the police.

http://www.thehindu.com/news/cities...charge-of-raping-his-child/article3531968.ece

 

[Johnny Canuck3]

Looks like the Indian govt held on to him.

French diplomatic employee Pascal Mazurier has been officially chargesheeted for the rape of his three-year-old daughter in a Bangalore court, according to a report by the Times Now television channel. Mazurier has been charged under section 376 (2F) of the penal code which pertains to the rape of a girl under 12 yrs of age.

Mazurier, deputy Head of Chancery in the Consulate of France

http://www.firstpost.com/india/fren...ally-charged-with-raping-daughter-458633.html

He said that he was framed.

 

[Bahnhof Strasse]

Shouldn't they in return respect the laws of the country that they're in?

You mean like parking tickets and congestion charge?

 

[Johnny Canuck3]

You mean like parking tickets and congestion charge?

No: like lying on visa applications in order to bring in domestic workers and pay them peanuts.

 

[Bahnhof Strasse]

I wonder what public opinion on diplomatic immunity would be if a diplomat were charged with a sexual offence, ie rape, or sex with a minor.

The usual way for a serious offence is to ask the country concerned for permission prior to any arrest, as with Cameroon and the murder by the Hoover building. As was denied by Tripoli in the case of WPC Fletcher.

 

[Casually Red]

There might be question about the diplomatic immunity of someone working at the consular level [the Indian diplomat], and an ambassador, who does in fact enjoy full diplomatic immunity.

US state department spokesperson Marie Harf has asserted she had consular immunity, John Kerry is apologisng , as far as the US state department is concerned she had immunity, now shut the fuck up . Twat .

 

[Casually Red]

The usual way for a serious offence is to ask the country concerned for permission prior to any arrest, as with Cameroon and the murder by the Hoover building. As was denied by Tripoli in the case of WPC Fletcher.

and if its denied to declare that person persona non grata, which sees them expelled from the country .

 

[Pickman's model]

am i the only person to think there must be more to it than the incident in new york?

 

[Yuwipi Woman]

am i the only person to think there must be more to it than the incident in new york?

No, you're not. We don't know the whole of it and probably won't.

 

[Yuwipi Woman]

Visa fraud is also a criminal matter.

Yes, but arrest for that alone seems OTT, especially for a diplomat.

 

[IC3D]

The Delhi High Court issued an injunction in September seeking to stop Richard from "instituting any actions or proceedings against Dr Khobragade outside India on the terms or conditions of her employment," the Indian embassy said in a statement last week.

It said the U.S. government was "requested to locate Ms Richard and facilitate the service of an arrest warrant, issued by the Metropolitan Magistrate of the South District Court in New Delhi."

CNN

Indian toffs really holding the moral high ground then.

 

[Johnny Canuck3]

Yes, but arrest for that alone seems OTT, especially for a diplomat.

My understanding of the criminal process is limited; but so far as I know, visa fraud is a federal felony, punishable by up to 10 years in prison. For a charge of that nature, an arrest warrant and detention pending a hearing before a judge or magistrate wrt bail or further detention pending trial, would be pretty standard.

 

[Johnny Canuck3]

shut the fuck up . Twat .

Surely you can be more creative than this?

 

[Johnny Canuck3]

US state department spokesperson Marie Harf has asserted she had consular immunity, John Kerry is apologisng , as far as the US state department is concerned she had immunity, now shut the fuck up . Twat .

Hell, dude: you call this an apology? 'Expressing regret', is more like a fuck you, in diplomatic language.

US Secretary of State John Kerry called National Security Advior Shiv Shankar Menon and voiced regret about the case of Indian Deputy Consul General Devyani Khobragde strip-searched after her arrest last week on charges of visa fraud, the US State Department said on Wednesday.
"As a father of two daughters about the same age as Devyani Khobragade, the Secretary empathizes with the sensitivities we are hearing from India about the events that unfolded after Ms. Khobragade's arrest," State Department spokeswoman Marie Harf said in a written statement, referring to the Indian diplomat.
"In his conversation with National Security Advisor (Shiv Shankar) Menon, he expressed his regret, as well as his concern that we not allow this unfortunate public issue to hurt our close and vital relationship with India," Harf added.

http://ibnlive.in.com/news/john-ker...t-about-devyani-khobragade-case/440418-2.html


Does this mean that................you're the twat?

 

[IC3D]

So this poor dear had a complaint against her registered to the Indian embassy by the now absconded slave maid regarding her working conditions and told she could be arrested. She did nothing but could of left the country. The Delhi High Court issue an injunction against said slave maid to shut her up! and request her arrest of all things. The diplomat stays in the US gets nicked. Shes then moved into the UN to further protect her. This is pretty humiliating for India and really not helping shake off stereotypes.

 

[Bahnhof Strasse]

Hell, dude: you call this an apology? 'Expressing regret', is more like a fuck you, in diplomatic language.



http://ibnlive.in.com/news/john-ker...t-about-devyani-khobragade-case/440418-2.html


Does this mean that................you're the twat?

Sounds like one American who is fully aware of what India has become in recent years. Wouldn't hurt others to learn the same.

 

[Bahnhof Strasse]

So this poor dear had a complaint against her registered to the Indian embassy by the now absconded slave maid regarding her working conditions and told she could be arrested. She did nothing but could of left the country. The Delhi High Court issue an injunction against said slave maid to shut her up! and request her arrest of all things. The diplomat stays in the US gets nicked. Shes then moved into the UN to further protect her. This is pretty humiliating for India and really not helping shake off stereotypes.

She's still in the US. The Indian government's line is that they are sick of diplomatic servants (uncomfortable word on urban, but that's what they are) doing one, making up bullshit allegations, racists believing them and handing over a green card.

That's the Indian government's line. They are a government, so just as prone to speaking bollocks as any other government, indeed they learned a lot of what they know from the British government after all.

 

[redsquirrel]

In the UK, there are agencies where (usually middle-class) overseas young people can come to this country, live-in with a family and help around the house. A friend of mine has a Chinese girl and a Polish girl staying. One does a little cleaning for her keep and the other does a little child-minding. While they are over here, the foreign girls get to live with an English family, improve their English and broaden their horizons. They don't get paid for the work they do. Should the minimum wage rules apply here? Are these children being exploited?

Yes they should be paid the minimum wage and anyone who doesn't see that is a scumbag.