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

[skyscraper101]

Not really clear to me what the US authorities did that was wrong. She was treated the same as they treat all arrestees.

What, all arrestees in America accused of paying below the minimum wage are cavity searched? I don't think so. Plus she was immune anyway.

 

[Johnny Canuck3]

shes a diplomat, they cant arrest her. She has immunity . The yanks committed a severe breach of international law and the Vienna conventions .

“Foreign nationals brought to the United States to serve as domestic workers are entitled to the same protections against exploitation as those afforded to United States citizens,” Bharara said in the Dec. 12 statement.

 

[Casually Red]

Immunity to forge immigration papers in order to pay slave wages to a housekeeper?

yes, although she hasnt been found guilty of that . And the yanks are fully aware she has immunity but obviously decided theyd just ignore that. Now their own diplomats n India may well pay the price . Thats what happens.

 

[Johnny Canuck3]

What, all arrestees in America accused of paying below the minimum wage are cavity searched? I don't think so. Plus she was immune anyway.

Visa fraud.

The diplomat, Devyani Khobragade, 39, was arrested Dec. 12 and charged with one count each of visa fraud and making false statements, according to court records. U.S. prosecutors said Khobragade submitted a false visa application for an employee who was to work as her housekeeper and babysitter.

 

[Johnny Canuck3]

yes, although she hasnt been found guilty of that . And the yanks are fully aware she has immunity but obviously decided theyd just ignore that. Now their own diplomats n India may well pay the price . Thats what happens.

Maybe as a sideline, the Indian government will get a bit more pissed off about the widespread rape that occurs in India, with little in the way of consequences for the perpetrators.

 

[Johnny Canuck3]

yes, although she hasnt been found guilty of that ..

“Yes, Devyani Khobragade was subject to the same search procedures as other USMS arrestees held within the general prisoner population in the Southern District of New York,” the Marshals Service said in its statement, responding to questions about whether she was strip-searched. “The arrestee was placed in a cell with other female defendants awaiting court proceedings.”

The diplomat was placed “in the available and appropriate cell” during her time in custody, according to the statement. The Marshals Service said Khobragade’s intake and detention were handled “in accordance with USMS Policy Directives and Protocols.”

 

[skyscraper101]

Visa fraud.

Point stands. Cavity searching is a cunt move unless we're talking reasonable suspicion of smuggling or possession of contraband. WTF does it achieve?

 

[Casually Red]

A few months ago Dutch police arrested and beat the living shit out of a Russian diplomat at the height of the Anti Sochi gay dispute between the 2 countries were the Netherlands took the leading European role. A week later unidentified burglars broke into the home of the Dutch amabassador to Russia, tied him up and kicked the living shit out of him for no apparent reason .

Thats how serious this shit is.

 

[Johnny Canuck3]

Point stands. Cavity searching is a cunt move unless we're talking reasonable suspicion of smuggling or possession of contraband. WTF does it achieve?

I've seen 'strip search' mentioned.

One can debate whether or not people being detained in prison should be stripped and searched; but given that it's the standard policy of the US Marshall Service to do so, should rich diplomats who've been detained be given a pass?

Who else should be immune to the standard procedure?

 

[Casually Red]

Maybe as a sideline, the Indian government will get a bit more pissed off about the widespread rape that occurs in India, with little in the way of consequences for the perpetrators.

lets get this straight...your supporting the breaking of international law and the formalised sexual assault of a woman in the United states because other women are being raped in India

youre a fucking tool, go fuck yourself

 

[DotCommunist]

Maybe as a sideline, the Indian government will get a bit more pissed off about the widespread rape that occurs in India, with little in the way of consequences for the perpetrators.

this is what they call 'throwing up sand' ^^^

it's designed to widen or confuse the subject by introducing a recently topical issue to cloud the exact details of the current situation.

 

[Johnny Canuck3]

lets get this straight...your supporting the breaking of international law and the formalised sexual assault of a woman in the United states because other women are being raped in India

youre a fucking tool, go fuck yourself

And you're supporting the breaking of humanitarian law in allowing diplomats to import workers at slave wages and get away with it because of their alleged immunity.

Sounds like tit for tat.

 

[Casually Red]

I've seen 'strip search' mentioned.

One can debate whether or not people being detained in prison should be stripped and searched; but given that it's the standard policy of the US Marshall Service to do so, should rich diplomats who've been detained be given a pass?

yes, they have immunity under international law

take your thick fucking head out of your arse for just one second, inhale some oxygen and have a tiny little think with your tiny little brain about whats likely to start happening throughout the world if countries can start arresting and charging each others diplomats on whatever charges they deem appropriate. Mull over the fact some countries really dont like other countries . Just have a think about it .

 

[Johnny Canuck3]

yes, they have immunity under international law.

It's a bit more complicated than that.

How far does diplomatic immunity go?

It depends on your rank. Top diplomatic officers have full immunity, as do their deputies and families. That means ambassadors can commit just about any crime—from jaywalking to murder—and still be immune from prosecution. They can't be arrested or forced to testify in court. (This category would probably include al-Madadi, who serves as third secretary in the Qatari embassy.) Lower-ranking officials have a weaker type of protection called "functional immunity." These officials are covered only for crimes committed within the scope of their regular work responsibilities. If, for example, a consular official got into a fistfight during a meeting with a U.S. official, he would be protected from prosecution. If the fight occurred at a bar over the weekend, he would not.

http://www.slate.com/articles/news_and_politics/explainer/2010/04/cant_touch_this.html

She is not an ambassador.

 

[Johnny Canuck3]

A diplomatic passport does not necessarily give one diplomatic immunity, pointed out New York-based attorney Anand Ahuja, while commenting on the arrest -- and subsequent release -- of Devyani Khobragade, India’s deputy consul general in New York on Thursday.

Article 17 of the Vienna Convention on Consular Relations of 1963 specifically states, Ahuja pointed out, that non diplomatic acts by consulate officers do not confer any diplomatic privileges and immunities.

“The best example is of (former International Monetary Fund chief Dominique) Strauss-Kahn – (he was) handcuffed, taken out of his airplane, and put into the jail even though he claimed his diplomatic immunity,” Anand said.

Other legal sources agreed that diplomatic immunity was unlikely to be granted to Khobragade.

“It's not an official action, rather it's an employment contract subject to US laws,” pointed out one source. “Hence, there is criminal and civil liability -- as far as I understand.”

Ahuja said, “When we Indians, who are used to mistreating domestic servants back home in India, come to countries like the United States, where these workers enjoy a fair amount of legal protection, (we) continue treating them badly as if we still live in India. It’s when we are exposed to these laws of foreign countries that we realise that we are not living in India.”

http://www.rediff.com/news/report/d...d-in-deputy-consul-generals-case/20131213.htm

 

[Johnny Canuck3]

The latest Global Slavery Index of 2013, which provides a ranking of 162 countries, says India has the largest number of people in modern slavery -- estimated between 13.3 and 14.7 million. According to Human Rights Watch, ‘domestic workers in countries like India face horrific abuses.’

The United States Fair Labour Standards Act establishes minimum wage, overtime pay eligibility, recordkeeping, and child labour standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.

American states also have their own labour laws.

New York’s Domestic Worker's Bill of Rights provides the right to overtime pay, a day of rest every seven days, three paid days of rest each year after one year of work for the same employer, protection under the state human rights law, and a special cause of action for domestic workers who suffer sexual or racial harassment.

In the US there are many legal aid societies that also provide pro-bono (for free) representation to such victims.

“US immigration laws provide immigration benefits to victims of such abuses,” Ahuja pointed out. “Therefore, at times, false cases of abuse by these domestic workers are also filed -- to get benefits under these various laws, especially under US immigration laws.”

http://www.rediff.com/news/report/d...d-in-deputy-consul-generals-case/20131213.htm

 

[Casually Red]

It's a bit more complicated than that.



http://www.slate.com/articles/news_and_politics/explainer/2010/04/cant_touch_this.html

She is not an ambassador.

so what...shes a member of the indian diplomatic mission with a diplomatic passport. The indian government most certainly do not react in this manner everytime a joe soap from india gets arrested abroad

 

[Johnny Canuck3]

so what...shes a member of the indian diplomatic mission .

Article 17 of the Vienna Convention on Consular Relations of 1963 specifically states, Ahuja pointed out, that non diplomatic acts by consulate officers do not confer any diplomatic privileges and immunities.

 

[Casually Red]

and shove your fonts up your hole while your at it .

 

[Johnny Canuck3]

and shove your fonts up your hole while your at it .

For the hard of reading:

non diplomatic acts by consulate officers do not confer any diplomatic privileges and immunities.

 

[likesfish]

Generally proper countries tend to take a kids glove approach to diplomats though the US law enforcement can be rather more gung ho than is sensible.
Pissing off a country that is not exactly the most reasonable one on the planet isnt a terribly bright idea

 

[Dr Jon]

Pissing off a country that is not exactly the most reasonable one on the planet isnt a terribly bright idea

You mean the US or India?

 

[likesfish]

India.

 

[SpookyFrank]

I don't think a cavity search is ever justified. There must be some lines which no agent of the state is allowed to cross for any reason, and formalised sexual assault would seem like a good place to draw such a line.

Mentioning the cuntishness of the diplomat in question paying her staff such shitty wages would seem to detract from that point, so I won't.

As for diplomatic niceties, I couldn't give a fuck.

 

[SpookyFrank]

You mean the US or India?

I don't think either country would be in with much of a shout for 'most reasonable on the planet' tbh. I suspect the most reasonable country would be the one with the fewest inhabitants.

e2a: It seems the least populous country is Vatican City. I guess that's my theory fucked then.

 

[peterkro]

shes a diplomat, they cant arrest her. She has immunity . The yanks committed a severe breach of international law and the Vienna conventions .

There is some doubt about her immunity,it is consular not diplomatic and there are differences.I have no doubt the US Marshalls are a bunch of cunts and quite likely treated the woman badly because she is Indian.It doesn't detract from what she was doing.I have sympathy for the "maid" and not anyone else in this sorry affair.

http://www.firstpost.com/world/devy...ts-dont-include-a-cut-rate-nanny-1291527.html

As far as I can see it was a strip search and not a cavity search,unnecessary no doubt but it's the difference between humiliation and a full on sexual assault.

 

[Dr Jon]

As far as I can see it was a strip search and not a cavity search,unnecessary no doubt but it's the difference between humiliation and a full on sexual assault.

#15

 

[Sirena]

In Jamaica, many middle-class families have a home-help. This person lives in and has food provided. They are cook and cleaner and washer and child-minder: it may seem a lot of work but they get a lot of free time for loafing in the sun and, usually, they become just part of the family. They receive very little wages but there is no shortage of people looking to be home helps because they get to live in a bit of city luxury rather than in rural poverty.

When a person is living in and expected to be reasonably available to help the family out, you can't apply normal minimum wage or normal weekly hour rules. And, yes you can find cases where the system is abused and the home-help is treated appallingly but these are the exception. The home-help would just go back to her agency and ask for another family.

I can imagine this same sort of situation applying here. Just because the employer is dark-skinned does not mean she is a primitive slave-driver or an arrogant bitch.

 

[DexterTCN]

http://en.wikipedia.org/wiki/Raymond_Allen_Davis_incident

 

[peterkro]

#15

Yes I saw that however in this article:
http://www.thehindu.com/news/intern...to-khobragade-us-clarifies/article5473109.ece
it appears it was a strip search (pretty fucking invasive in its self) but not a full cavity search in that the genitalia/anus are visually inspected in the strip search.