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.
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!