Image

Secretary of State John Kerry calls Menon, expresses regret

Arun Kumar Published on 17 December, 2013
Secretary of State John Kerry calls  Menon, expresses regret

Kerry expresses regret over Indian diplomat's treatment

By Arun Kumar (01:30)  Washington, Dec 19 (IANS) As the US-India standoff over the "barbaric" treatment of an Indian diplomat in New York continued, the US Secretary of State John Kerry called India's National Security Advisor Shiv Shankar Menon to express his "regret".

In a damage control exercise, Kerry also expressed his concern saying this "unfortunate public issue" of the arrest and strip search of Devyani Khobragade, India's deputy consul general in New York, should not be allowed to hurt "our close and vital relationship with India".

Kerry "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," State Department spokesperson Marie Harf said in a readout of the conversation.

"The secretary understands very deeply the importance of enforcing our laws and protecting victims, and, like all officials in positions of responsibility inside the US government, expects that laws will be followed by everyone here in our country," she said.

"It is also particularly important to Secretary Kerry that foreign diplomats serving in the United States are accorded respect and dignity just as we expect our own diplomats should receive overseas," Harf said.

"As a father of two daughters about the same age as Devyani Khobragade, the secretary empathises with the sensitivities we are hearing from India about the events that unfolded after Khobragade's arrest," she added.

Earlier, in its first reaction on the issue, White House Wednesday offered to review the procedures that were followed in Khobragade's arrest on charges of visa fraud.

"We understand that this is a very sensitive issue for many in India," White House spokesperson Jay Carney said essentially repeating the statement made Tuesday by Harf.

"We are looking into the intake procedures surrounding this arrest to ensure that all appropriate procedures were followed and every opportunity for courtesy was afforded" to Khobragade, he said.

Like Harf, Carney too stressed that an "isolated episode" should not be allowed to cloud a "broad and deep friendship" and an "important relationship" with India.

(Arun Kumar can be contacted at arun.kumar@ians.in)

India-US standoff on diplomat continues, India terms it conspiracy

 New Delhi/Washington, Dec 18 (IANS) The India-US diplomatic standoff continued Wednesday with New Delhi saying there was a "conspiracy" against its diplomat in New York, Devyani Khobragade, and lawmakers condemning the humiliating strip-search she was forced to undergo. The US stuck to its guns saying it acted "appropriately" and demanded restoration of security for its missions in India.

External Affairs Minister Salman Khurshid told parliament there was a "conspiracy" against Khobragade and asserted that she was innocent. He said India would bring back the 39-year-old diplomat and "restore her dignity. It is my responsibility".

"We strongly condemn the treatment meted out to the diplomat in New York. India is not over-reacting to the treatment to its diplomat by US. The nation must speak in one voice," the external affairs minister said.

Khobragade was strip-searched, cavity-searched and swabbed for DNA after her arrest in New York on charges of visa fraud and underpaying her nanny. She was confined with criminals before being released on a $250,000 bail and made to surrender her passport. She faces a maximum of 15 years in jail if convicted on both counts. She has pleaded not guilty to the charges.

On Tuesday, in a tit-for-tat measure, India pared down the privileges given to US diplomats in India, including withdrawing diplomatic ID cards issued by it, taking away airport passes and withdrawing extra security barricades outside the US embassy.

India says the measures it has taken are based on reciprocity as Indian diplomats in consulates in the US are not given airport passes or other benefits. In fact, the diplomatic car parking area outside the Indian embassy in Washington was turned into a public parking area over a year ago and not returned to the Indian embassy despite reminders.

Khurshid said the US will understand India's message "loud and clear".

Meanwhile, it was learnt that the husband and two children of Khobragade's maidservant Sangeeta Richard have flown to New York. They arrived in New York Dec 10, two days before Khobragade's arrest last Thursday, in what is being considered a "distinctively odd" coincidence.

Richard went absconding in June in the US and the Indian embassy cancelled her official passport, but she continues to remain in the US. Richard is learnt to have demanded $10,000, an Indian passport and immigration clearance from Khobragade to enable her to stay on in the US in what is being termed as an "attempt at extortion".

India is demanding the unconditional release and taking back of all charges against Khobragade who was shifted to India's permanent UN mission in New York where she will enjoy full diplomatic immunity that her consular status did not provide.

India's national security adviser Shiv Shankar Menon has called the treatment "despicable and barbaric".

India also denied that its move to remove barricades around the US embassy in New Delhi would in any way impact the security of the mission, saying there was adequate security in place, including a police picket and patrolling.

The police barricades on Nyaya Marg in New Delhi's diplomatic enclave had come up following the 9/11 attacks in the US. On Tuesday, the police barricades were removed, while the police picket remained.

India said the US authorities failed to observe diplomatic protocol by failing to even inform the head of India's New York mission about orders given for the arrest of Khobragade last week. She was "picked off the street" and handcuffed in public.

US officials Tuesday spoke of a "broad and deep friendship" and an "important relationship" with India, but expressed no regret, leave aside an "unconditional apology" demanded by India.

US State Department spokesperson Marie Harf said "an isolated episode" should not "impact the bilateral relationship."

Adding a new dimension to the case, Harf also claimed that the State Department had advised the Indian embassy "in writing in September of allegations of abuse made by an Indian national against the deputy consul".

Meanwhile, Bahujan Samaj Party chief Mayawati raked up a controversy by saying the government reacted late in the case as Khobragade was a Dalit.

"I know I should not bring caste into this but the overall conduct with this girl was inappropriate. The central government reacted late because she was a Dalit," Mayawati said in the Rajya Sabha.

US sticks to its guns, demands restoration of diplomatic security

Washington, Dec 18 (IANS) Amid rising tensions over the arrest and "barbaric" treatment of an Indian diplomat in New York, the US stuck to its guns saying it acted "appropriately" and demanded restoration of security for its missions in India.

Even as it spoke of a "broad and deep friendship" and an "important relationship" with India, US officials Tuesday expressed no regret, leave aside an "unconditional apology" demanded by India over the arrest and alleged strip search of Devyani Khobragade.

Reacting to a slew of retaliatory measures taken by India in response to the treatment of Khobragade, India's deputy consul general in New York, the State Department spokesperson Marie Harf said "an isolated episode" should not "impact the bilateral relationship."

According to Indian officials, Khobragade, 39, was strip-searched, cavity-searched and swabbed for DNA after her arrest in New York on charges of visa fraud last Thursday, then confined with hardened drug criminals before being released on a $250,000 bail. India's national security adviser Shiv Shankar Menon has called the treatment "despicable and barbaric."

"We understand that this is a sensitive issue for many in India," Harf said. "Accordingly, we are looking into the intake procedures surrounding this arrest to ensure that all appropriate procedures were followed and every opportunity for courtesy was extended."

So far there is nothing to indicate that "anything but appropriate measures were followed" Harf said. "But again, we don't want this to negatively impact our bilateral relationship, and we'll keep talking about it with them on the ground and here," she said.

"The US and India enjoy a broad and deep friendship, and this isolated episode is not in any way indicative of the close and respectful ties that we share and will continue to share," Harf said.

US officials, she said "have conveyed at high levels to the Government of India our expectations that India will continue to fulfill all of its obligations under the Vienna Convention on Diplomatic Relations, and Vienna Convention on Consular Relations."

"Obviously, the safety and security of our diplomats and consular officers in the field is a top priority."

The US, she said, will "continue to work with India to ensure that all of our diplomats and consular officers are being afforded full rights and protections."

"Also, of course, safety and security of our facilities as well is something we take very seriously, and we'll keep working with the Indians on that."

Adding a new dimension to the case, Harf also claimed that the State Department had advised the Indian Embassy "in writing in September of allegations of abuse made by an Indian national against the deputy consul
general of India in New York."

"Obviously, we play a role in this, but the Department of Justice also obviously handles the legal aspect of it as well," she said.

However, Harf said she was "not aware" if the Indian Embassy had informed the State Department about a pending court case in India against Khobragade's former India-based domestic assistant, Sangeeta Richard, who
has been absconding since June this year.

The US Secretary of State John Kerry, who is currently in the the Philippines was "aware of what's going on" and the State Department has had "conversations" with the White House about the issue.

Asked if Khobragade was strip-searched, Harf said the State Department was looking into what transpired. While the US State diplomatic security had followed "standard procedures" she could not speak for the US marshals, who took the diplomat into custody.

But in response to specific news media queries about whether a strip search had been conducted on the Indian diplomat, the US Marshals Service confirmed that "standard arrestee intake procedures" were followed.

"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." It said she had been placed in an "available and appropriate cell," it said in a statement.

US says it acted appropriately; demands security for its diplomats

 Washington, Dec 18 (IANS) As a fuming India struck back over the arrest and alleged strip search of an Indian diplomat in New York, the US insisted it had acted "appropriately" and instead asked New Delhi to meet its diplomatic obligations.

With no expression of regret, leave aside an "unconditional apology" demanded by India over the treatment of Devyani Khobragade, its deputy consul general, US demanded that India provide security to US diplomats in New Delhi under the Vienna convention.

Reacting to a slew of steps taken by India to pare down the privileges of American diplomats in New Delhi in a retaliatory measure, the State Department spokesperson Marie Harf said "an isolated incident" should not be allowed to cloud a "very important" relationship.

"We understand that this is a sensitive issue for many in India," she said. "Accordingly, we are looking into the intake procedures surrounding this arrest to ensure that all appropriate procedures were followed and every opportunity for courtesy was extended."

So far there is nothing to indicate that "anything but appropriate measures were followed", Harf said.

Asked if Khobragade was strip searched, (it was confirmed by Marshals) the spokesperson said the State Department was looking into the allegations. While the US State diplomatic security had followed "standard procedures" she could not speak for the US marshals, who took the diplomat into custody, Harf added.

She said that federal authorities would work on the issue with India "in the spirit of partnership and cooperation that marks our broad bilateral relationship".

"Our concern right now is to move forward," she said as "it's a very important relationship".

Harf said both the White House and the US Secretary of State John Kerry had been kept informed about the incident.

Asked if the matter could not have been resolved by declaring Khobragade persona non grata, she said: "PNG was a very different matter" and consular immunity does not extend to somebody charged with a crime or something does not involve her daily work."

She also disclosed that the US State Department had as early as September alerted the Indian embassy in writing that there were allegations against Khobragade concerning underpayment of minimum wages and action could be imminent under US laws.

However, she was not aware if the Indian Embassy had informed about a pending court case in India against Khobragade's former India-based domestic assistant, Sangeeta Richard, who has been absconding since June this year.

Strip Searched

US law enforcement officials admitted Tuesday that a female Indian diplomat was strip-searched after she was arrested last week, in a case which has sparked fury and fierce reprisals from India.

Asked whether Khobragade was strip-searched, the US Marshals Service (USMS) replied "yes," adding that she "was subject to the same search procedures as other USMS arrestees held within the general prisoner population in the Southern District of New York."

It confirmed that Khobragade was also held in a cell with other female detainees, amid claims she had been detained with drug addicts.

"Absent a special risk or separation order, prisoners are typically placed in the general population," the Marshals statement said, adding she had been put in an "available and appropriate cell."

Harf confirmed that she had been arrested by the State Department's diplomatic security office, but had then been handed to the US Marshal service which had been responsible for processing her case at the federal courthouse.

Khobragade was released on a bond the same day, and the Marshals said that after a review of her case they had found that the service had "handled Khobragade's intake and detention in accordance with USMS policy directives and protocols."


Will India now act against gay US diplomats?

 (19:28)  New Delhi, Dec 17 (IANS) With the Supreme Court once again criminalising same-sex relationships under the Indian Penal Code (IPC), will the Indian government now take action against self-declared gay American diplomats who have sought diplomatic immunity for their same-sex partners?

With India threatening more actions against US diplomats until Washington renders an "unconditional apology" over the mistreatment of an Indian diplomatic official in New York, there is talk in official circles of invoking Section 377 of the IPC to book these diplomats and their partners under Indian laws, well informed sources confirmed to IANS.

Diplomatic relations between countries are governed under the Vienna Convention for Diplomatic Relations and the Vienna Convention for Consular Relations under the principle of reciprocity. So when a country is seen to act against the Conventions against a country's diplomats or embassy, the other country is well within its right to take reciprocal measures against the country.

Officials said the Indian government has in its knowledge many such American diplomats who have declared they had same-sex relationships and have sought immunity and other diplomatic facilities for their partners.

"We know who they are and, if we want, we can take action against them under Indian laws," said one source with access to official thinking, not wishing to be named because of the delicate nature of the issue involved.

"But the fact remains that, under the law of the land, these are now illegal relationships and hence these people can be subject to criminal prosecution for which they do not enjoy diplomatic immunity," the source told IANS.

Officials, especially those who have dealt closely with the US, said Washington only understands tough language and gave the example of how the US suddenly withdrew certain tax priviliges to Indian diplomats about 10 years ago. In retaliaton, India imposed service tax liabilities on the US embassy operations here.

When the US embassy petitioned the government against the tax, they were told it could only be done if the tax privileges to Indian diplomats were restored. The US subsequently restored those privileges and New Delhi followed suit.

The latest diplomatic fracas escalated after Devyani Khobragade, the deputy consul general in New York, was arrested, handcuffed and humiliatingly strip searched, under what the US police calls its "standard procedures" after she was found to violate visa regulations for her Indian househelp.

Vienna Conventions and diplomatic immunity

 (20:18)  Relations between nations are governed by the twin covenants the Vienna Convention on Diplomatic Relations, 1961, and Vienna Convention on Consular Relations of 1963 which define internationally accepted rules regarding diplomatic immunity and procedures.

The Vienna Convention on Diplomatic Relations provides a framework for establishing, maintaining and terminating diplomatic relations on a basis of consent between independent sovereign states and specifies. It specifies functions of diplomatic missions and declarations of persona non grata of a diplomat in case of a criminal offence.

Article 29 of the Vienna Convention on diplomatic relations provides inviolability for the person of diplomats and Article 31 establishes their immunity from civil and criminal jurisdiction.

The Vienna Convention on Consular Relations, which govern relations between consulates and treatment of consular officials, provides less immunity to those under it.

Article 36 of the Convention provides for obligations for authorities in case of arrest or detention of a foreign national, to guarantee the inalienable right to counsel and access to consular protection.

Devyani Khobragade, India's deputy consul general in New York, who has been charged by US authorities with visa fraud is covered by the Vienna Convention on Consular Relations.

Devyani was strip searched, hand-cuffed, confined to a cell with drug addicts, and also subjected to DNA swabbing evoking a sense of outrage in India. US officials maintain she did not enjoy diplomatic immunity. Indian officials are accusing the US of taking an "extreme view" and interpreting the conventions to their advantage to justify their actions.
Join WhatsApp News
vincent emmanuel 2013-12-18 14:16:42
when all gets done USA will say that we aplogise for this unfortunate incident and India  will forget this in two weeks.And we will continue to forget violations of International Law.
vincent emmanuel
ravi 2013-12-18 18:16:53
The arrest can be seen as 'error' and Indiia has a right to protest on the grounds that proper protocal was not followed in arresting a diplomat.

What I don't understand is why so called 'malayalee' leaders are making a case for the diplomat.  The employees at the Indian consulate in NY do not care for the pravasi community.  Think of all the days that we are forced to stand outside to get something done through consular affairs on 64th St before outsourcing the visa processing.  Any consideration for elders, mothers, widows or people with disabilities? 

How about if we lose a passport?  The employee at the counter says 'you lost the passport - now you follow our rules.' 

The pravasi communiity should take this opportunity to demand overhaul of the attitude, service and interaction of the consulate employees with the pravasis.  If we rise up to insist fair treatment for our diplomat - shouldn't the diplomats and consulate employees TREAT THE PRAVASI COMMUNITY FAIRLY AND PROFESSIONALLY?

USE THIS ISSUE TO DEMAND OVERHAUL OF THE CONSULATE RULES AND REGULATIONS TOO!  Don't let this opportunity pass!
മലയാളത്തില്‍ ടൈപ്പ് ചെയ്യാന്‍ ഇവിടെ ക്ലിക്ക് ചെയ്യുക